Attorney General v Abiola

Attorney General v Abiola

The defendant has habitually and persistently instituted and pursued vexatious civil proceedings and applications, repeatedly re-litigating matters conclusively decided against her, thereby satisfying the statutory criteria for an order under section 42 of the Supreme Court Act 1981. The court exercises its discretion to make an unlimited order restraining her from instituting proceedings without leave.

Parties
Claimant: HM Attorney General; Defendant: Zainab Duke Abiola
Jurisdiction
England and Wales
Judgment Date
21 March 2006
Procedural Posture
Application for Civil Proceedings Order (vexatious Litigant) / Judgment on Application
Outcome
Application granted
Legal Topics
Vexatious Litigants, Section 42 Supreme Court Act 1981, Abuse of Process
Civil Procedure Vexatious Litigants Section 42 Supreme Court Act 1981 Abuse of Process

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Parties

HM Attorney General

Claimant

Zainab Duke Abiola

Defendant

Procedural Posture

Application for Civil Proceedings Order (vexatious Litigant) / Judgment on Application

Legal Issues

  1. 1 Whether the defendant has habitually and persistently instituted vexatious civil proceedings or made vexatious applications without reasonable ground under section 42 of the Supreme Court Act 1981

Ratio Decidendi

The defendant has habitually and persistently instituted and pursued vexatious civil proceedings and applications, repeatedly re-litigating matters conclusively decided against her, thereby satisfying the statutory criteria for an order under section 42 of the Supreme Court Act 1981. The court exercises its discretion to make an unlimited order restraining her from instituting proceedings without leave.

Court Disposition

Application granted

Orders

  • Unlimited civil proceedings order made under section 42 of the Supreme Court Act 1981 restraining the defendant from instituting proceedings without leave of the High Court.
  • No order as to costs.