AGBAJE, J.S.C. (Delivering the Lead Judgment): I allowed the appellant's appeal summarily on 19/2/90 and remitted the case to the Anambra State High Court for a retrial. I indicated then that I would give reasons for my judgment today. I now proceed to do so.
This appeal is concerned with a consolidated action. The two suits consolidated were suits E/120/71 and E/55/72. The plaintiffs in suit E/120/71 were the defendants in suit E/55/72 whilst the defendants in suit E/120/71 were the plaintiffs in suit E/55/72. The order for consolidation was in the following terms:-
"Suits E/120/71 and E/55/72 are hereby consolidated. The plaintiffs in E/120/71 will be plaintiffs in the consolidated suit and the defendants in E/120/71 will be the defendants in the consolidated suit."
The plaintiffs claim as plaintiffs in suit E/120/71 at the High Court was as follows:-
"1 . For a declaration of title or ownership to that piece or parcel of land known and called "Amagu Nkulishi situate at Okpuje and …