Table of Contents
What amounts to abuse of court process?
Abuse of Process of court is a term generally applied to a proceeding which is wanting in a bona fide and is frivolous, vexatious and oppressive. It may occur when a party improperly uses judicial process to the harassment, irritation and annoyance of his opponent and to interfere with the administration of justice.
What are the stages of court in Nigeria?
The Federal courts are: the Supreme Court, the Court of Appeal and the Federal High Court. The State courts include: the High Court of a State, the Customary Court of Appeal of a State and the Sharia Court of Appeal of a State.
What are the elements of abuse of process?
The Elements of Abuse of Process However, the typical elements that a plaintiff must prove in an abuse of process lawsuit are: The existence of an ulterior motive or purpose in using the process, and. An act in the use of the process that is not proper in the regular prosecution of the legal proceedings.
What is the abuse of process doctrine?
The abuse of process doctrine is a recognized principle of public international law that prohibits the exercise of a procedural right in contravention of the purpose for which that right was established.
What is an example of abuse of process?
A wrongful use of processes such as attachment of property, unjustified arrest, subpoenas to testify, executions on property, unfounded criminal prosecution, and garnishee orders are considered as abuse of process.
What is abuse of process claim?
Abuse of process is an intentional tort that arises when a person deliberately misuses a court process that is not justified by the underlying civil or criminal legal action. As with most torts, the elements that a plaintiff must prove in order to win his or her case will vary from state to state.
How long do court cases take in Nigeria?
Generally, appeals in as little as eight to nine months or may take as much as five or six years. Appeals from the Court of Appeal may take as long as eight or more years before a decision is obtained.
What is the legal meaning of abuse of discretion?
Legal Definition of abuse of discretion : an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case — compare clearly erroneous.
What are the abuse of discretion?
Improper exercise of discretion includes such things as ‘taking irrelevant considerations into account’, ‘acting for improper purpose’, ‘asking wrong questions’, ‘acting in bad faith’, ‘neglecting to take into consideration relevant factors’, ‘acting unreasonably’ etc.