The defendants had asked the court to consider having freely, unequivocally and fully transferred their entire shareholding to the late High Chief O. B. Lulu-Briggs in two settlements and having received consideration which the plaintiffs acknowledged as valuable and sufficient for such transfer , whether the plaintiffs could rightly turn around to impugn the said share transfer.
They also asked the court whether the action is not statute-barred by the provision of Section 11 of the Limitation Act, having been filed 12 years after the date of the consent judgment on 18th May 2004. They also asked the court to determine whether by the pendency of Appeal Nos. CA/ABJ/CV/859/ 2021, CA/ABJ/CV/681/2021 and CA/ABJ/CV/29/2022, the suit did not constitute a gross abuse of the process of the court.Justice Omotosho, in his ruling, held, “I hold without hesitation that filing a fresh suit on a subject between parties on appeal is an abuse of court process.
“The new suit, as in the instant suit, is nothing than to overreach and make the outcome of the pending appeal nugatory…Filing this instant suit on the same subject matter and reliefs and against the same parties is vexatious and nothing more than a gross abuse of the process of the Court.
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