DAVID AKWETER NAKOTEY, EDWARD NUERTEY TETTEH V.TEYE JOSEPH & ORS

JUDGEMENT

MENSAH-HOMIAH, JA:

INTRODUCTION

We have before us two appeals filed against a ruling of the Circuit Court, Odumase-Krobo, dated 3rd August, 2018. The said ruling was in respect of two motions filed pursuant to Order 23 rule 6 (1) of the High Court ( Civil Procedure) Rules 2004, C.I. 47 in two separate suits which were pending before that court, titled: (i) David Akwetey Nakotey (suing as head of Ami-Narh Family) & Edward Tetteh Nuertey v. Teye Joseph, Tetteh & Pastor Kwesi Emmanuel Suit No. C1/05/2011 (the 1st suit) and (ii) Teye Joseph & Teye Mathew Tetteh v. David Akweter Nakotey & Edward Tetteh Nuertey Suit No, A1/08/2017 (the 2nd suit).

It is observed that even though no formal order of consolidation had been made pursuant to Order 31 rule 2 of C.I. 47, the trial court proceeded to deliver one ruling as if the two suits had been consolidated. Since the parties to the two appeals, the subject matter and core issues for our consideration are virtually the same, these appeals w…