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NABOTH OKWUAGBALA & ORS v. MARGARET IKWUEME & ORS

(2003) JELR 42066 (CA)

Court of Appeal  •  CA/E/152/2000  •  28 May 2003  •  Nigeria

Coram
SULE AREMU OLAGUNJU JCA; JOHN AFOLABI FABIYI JCA; CLARA BATA OGUNBIYI JCA;

Judgement

SULE AREMU OLAGUNJU, J.C.A. (Delivering the Leading Judgment): The appellants are aggrieved by the order of consolidation made by the learned trial Judge, upon application of the respondents each of whom was a plaintiff in three separate actions before him and all of whom prayed that the three actions be consolidated and tried together. In each action, the plaintiff sued the 4 defendants, the appellants herein, for his or her unlawful arrest and detention by the police caused by the defendants, who jointly wrote a petition containing false allegations against the plaintiffs. On a motion filed jointly by the plaintiffs after pleadings had been exchanged in each of the three suits the learned trial Judge granted the prayer and ordered that the 3 suits be consolidated and tried together.

Dissatisfied with the order on behalf of the defendants, learned Counsel for the appellants filed 2 grounds of appeal with the notice of appeal and formulated from the grounds the following 2 issues for …

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