CHIEF A. A. WORLU V. CHIEF W.J. WOCHA (JP)

EJEMBI EKO, J.C.A (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Rivers State (Coram E.N.T. Ebete, J) delivered on 12th day of June 2004 dismissing the application of the Appellant, as the defendant/applicant thereat, seeking inter alia an order dismissing the suit against him on the ground that the suit was an abuse of court process. The Contention of the Appellant was that the respondent, as the plaintiff, had abused the process of the trial court by his filing of multiple suits involving the same parties over the same subject at the same time. The respondent, as the plaintiff, replied that his suit filed as a substitute for the one already pending could not amount to abuse of process.

The Appellant filed the motion praying for dismissal of the respondent's suit No PHC/240/2002 on grounds of abuse of process of the court on 21st February, 2002. The 11 paragraph affidavit in support avers inter alia -

4. That I was sued to court by the plain…