Compulaw - 1st Indigenous Digital Law Library

Brief

Question of fact or law or mixed law and fact
Consolidation of suit

Facts

Two separate suits in a land case were filed in Amawbia-Awka High Court, Anambra State as suit numbers AA/1/76 and AA/19/77 respectively. The plaintiff community in the first suit are the defendant community in the second suit, and vice versa. After the exchange of pleadings in both cases, the defendants in Suit No. AA/1/76 (who were plaintiffs in Suit No. AA/19/77) applied by a motion on notice for the two suits to be consolidated for hearing, hearing of both cases having been fixed for 21st, 22nd, 23rd and 24th of November, 1978. The plaintiffs in Suit No. AA/1/76 (who were defendant Suit No. AA/19/77 opposed the application. After hearing the motion, the learned trial Judge Obaseki, J. granted the application, and consolidated the two suits. He based his decision on the following facts, namely.

i.
that pleadings had been duly exchanged;
ii.
that the main purpose of the consolidation was to save costs and time;
iii.
that the two cases under consideration for consolidation were pending in his court;
iv.
that plans Nos. MEC/619/76 and P O/E/62/77 relate to the same land and that parties rely on them in both suits;
v.
that from the pleadings filed, common questions of law and of fact were resolved; and
vi.
that no confusion would result in the proceedings as a result of the consolidation.

Plaintiffs and defendants in suit No. AA/1/76 were designated plaintiffs and defendants in the consolidated suits.

The plaintiffs appealed against the consolidation of the actions to the Court of Appeal, Enugu Division, on two grounds of appeal.

The defendants (now appellants) appealed to the Supreme Court

Ifediorah V. Ume (1988) CLR 3(j) (SC)

Judgement delivered on March 18th 1988

Brief

Facts

Issues