BENNETT IFEDIORAH & ORS. V. BEN UME & ORS.

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): 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 are plaintiffs in suit No. AA/1/77) applied by a motion on notice for the two suits to be consolidated for hearing, hearing of both cases having been fixed for the 21st, 22nd, 23rd and 24th of November, 1978. The plaintiffs in suits No. AA/1/76 (who were defendants suit No. AA/19/77) opposed the application. After hearing the motion. the learned trial Judge, Obiesie, 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) …