CHIEF JOHNSON EMERE NKPORNWI V. HRH SAMUEL OLUKA EJIRE (THE REGENT AND CHAIRMAN ELEME COUNCIL OF CHIEFS) THE ELEME COUNCIL OF CHIEFS (OGBO NKPORON, ELEME)

SAULAWA JCA (Delivering the Lead Judgment): These are consolidated appeals against the two rulings of the High Court of Justice, Rivers State holden at Nchia Judicial Division, Coram Ebeku J; delivered on 18 February 2004 and 20 July 2004, respectively, in suit No NHC/26/ 2003. Dissatisfied with the decisions of the lower court in question, the appellant filed two separate appeals, CA/PH/92/2005 and CA/PH/190/05, on 19 February 2004 and 03 August 2004, respectively. The said appeals were duly consolidated by this court in the course of the hearing thereof.

It is pertinent that consolidation of appeals, in essence, facilitates the trial and determination of the dispute between parties by the court. However, it’s a well settled principle that the appeals so consolidated should be treated as separate and distinct inspite of the simultaneous trial thereof in a single proceeding. Thus, judgment must be given in respect of each of the appeal so consolidated: Enigwe v. Akaigwe (1992) 2 NW…