Justice Chambers

VEXATIOUS LITIGANTS Vexatious litigation is a legal action that is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or maybe a repetitive, burdensome litigation that is devoid of merit.  Vexatious litigants are individuals who persistently take legal action against others in cases without any merit, who are forbidden from starting civil cases in courts without permission. The vexatious litigant may also be referred to as a “serial” or “malicious” litigant. A vexatious litigant frustrates the function and operation of the Court by manipulating the system for unjust purposes, usually to annoy, upset, or burden the relevant respondent, or the Court itself. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. Vexatious litigants are banned from starting court cases without permission. Nigerian courts have inherent powers to deal with vexatious litigant...

PALIMONY Palimony is a term that refers to the payment of financial support by one party to another after the end of a relationship that is not legally recognized as a valid marriage. The word “palimony” is a combination of “pal” and “alimony” which translates to "maintenance paid to a friend". The term was coined as a result of a 1976 court case Marvin v. Marvin, by the plaintiff's attorney working on the case. Palimony is a form of financial support available to people who were never married but formerly lived together as a couple and are now separated. It is essential to note that Palimony is not the same thing as alimony, which is a type of financial support that the court may award following the dissolution of a legal marriage. Unmarried couples often live together. As a result, unmarried partners acquire property together as a couple. If such a couple splits up, they may seek to divide their mutually owned properties and encounter disagreements in the pr...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY NEMO DEBET BIS VEXARI PRO UNA ET EADEM CAUSA The Latin maxim “ Nemo Debet Bis Vexari Pro Una Et Eadem Causa” roughly translates "to no person should be punished twice for the same offence". It embodies the well-established common law rule that no one should be put to punishment twice for the same offence. In criminal law, this Latin term is known for the rule against double jeopardy, i.e. the notion that a person should not be “vexed” or punished more than once for any particular case brought against them. In civil law, it means a person should not be sued more than once over the same case. The maxim is not restricted to only the criminal law, it applies equally to civil litigation: no individual should be sued more than once for the same cause. Nemo debet bis vexari pro una et eadem causa is the fundamental principle behind the more readily recognized concept of res judicata.  The modern rule of estoppel b...