LEGAL PRINCIPLE: CIVIL PROCEDURE – Consolidation of Suits – Purpose of Consolidation
PRINCIPLE STATEMENT
The purpose of consolidation, it has been said, is to save costs and time, and therefore it will not usually be ordered unless there is some common question of law or fact bearing sufficient importance in proportion to the rest of the subject-matter of the actions to render it desirable that the whole should be disposed of at the same time.
RATIO DECIDENDI (SOURCE)
Per Irikefe, JSC (as he then was) in Diab Nasr v. Complete Home Enterprises (Nig.) Ltd. (1977) NLC-51977(SC) at p. 16; Paras B–C, adopted by Ogundare, JSC in Iloabuchi v. Ebigbo & Anor (2000) NLC-1061994(SC) at pp. 16–17; Paras A–C.
"The purpose of consolidation, it has been said, is to save costs and time, and therefore it will not usually be ordered unless there is some common question of law or fact bearing sufficient importance in proportion to the rest of the subject-matter of the actions to render it desirable that the whole should be disposed of at the same time."
EXPLANATION / SCOPE
Consolidation aims to promote judicial efficiency by saving costs and time. It is appropriate where common questions of law or fact are sufficiently important relative to the overall disputes, making simultaneous disposition desirable. Consolidation is not automatic; courts exercise discretion based on whether it will advance justice and efficiency. The presence of common issues must be balanced against potential prejudice, confusion, or delay. Consolidation serves convenience, not as a means to circumvent procedural rules or prejudice any party’s rights.