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AGBOADO AND OTHERS V. FIANKOR AND ANOTHER

(1996) JELR 64229 (CA)

Court of Appeal  •  25 Apr 1996  •  Ghana

Coram
LAMPTEY JA, BENIN JA, AFREH JA

Appearances
E D KOM FOR THE DEFENDANT-APPELLANTS; JAMES AHENKORAH FOR THE PLAINTIFF-RESPONDENTS.

Judgement

BENIN JA

Benin JA delivered the first judgment at the invitation of Lamptey JA.

Five different suits were consolidated by the trial circuit court on 29 October 1979. The plaintiffs in all the five suits were the same persons looking at the title of the suits as set out in the application for leave to amend filed on 13 August 1985, but the defendants were different in each suit. Unfortunately, this court has not had the benefit of knowing what relief was sought in each suit as the writ and statement of claim in all the cases do not form part of the record before this court. This is important because as it turned up in the proceedings subsequent to the consolidation, the entire purpose of the consolidation was lost on everybody connected with the trial. An important incidence of consolidating cases is to enable the hearing to be facilitated and expedited. But another equally important incidence of consolidation is that a separate judgment must be delivered in each suit. Thus the individu…

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