Order 34 — Transfers and Consolidation

Where the Chief Judge has, in exercise of any powers conferred on him by any relevant law, ordered the transfer of any action or matter from a lower Court to the High Court, a copy of the Order duly certified by the Registrar shall forthwith be sent to the Registrar of the lower Court and the latter shall forthwith transmit to the High Court the processes and proceedings in every such action or matter and other necessary documents and processes.

(1) On receipt by the Court of the relevant proceedings, documents and processes, the Registrar shall notify the party who applied for the transfer, or where the transfer was not made on the application of any party, the Claimant, to attend at the Registry and pay the fees for filing the processes and documents. Such payment shall be without prejudice to the question of how the costs shall ultimately be borne.

(2) The notification shall be effected by serving a notice personally on the party concerned or where an address for service has been given by such party, at that address.

(1) The Registrar shall within seven days of payment of the prescribed fee:
(a) file the processes and documents received from the lower Court;
(b) make an entry of the filing in the Cause Book; and
(c) transmit the processes and documents to the Chief Judge or such other Judge appointed by the Chief Judge.

(2) The Registrar shall then give notice to the parties to attend in person or by counsel before a named Judge on the day and at the time specified in the notice. The fees for the service of this notice shall be borne in the first instance by the party who has paid the fees for filing as provided by Rule 2 of this Order.

(1) The Chief Judge or such other Judge appointed by him shall, not later than fourteen days after receiving the documents referred to in Rule 3 of this Order:
(a) hear the parties or their Legal Practitioners;
(b) take cognisance of the processes and documents; and
(c) give directions for the trial or hearing of the action or matter.

(2) Directions given under this Rule may include directions for the filing and service of pleadings.

(1) If the Claimant fails to attend in compliance with a notice given under sub-rule (2) of Rule 3 of this Order, the Judge shall record his default and may, suo motu, strike out the action or matter upon such terms as may be just or make such other order on such terms as he deems just.

(2) If the Defendant fails or all of several Defendants fail to attend in compliance with a notice given under sub-rule (2) of Rule 3, the Court may enter Judgement with costs and grant the Order prayed for in the transferred proceedings.

(3) Where both parties fail to attend in compliance with a notice given under sub-rule (2) of Rule 3, the Judge may record the default and strike out the suit accordingly.

In the preceding Rules of this Order, references to the Claimant and Defendant shall, in relation to proceedings commenced otherwise than by Writ, be construed as references to the Applicant and the Respondent.

(1) The Judge may on application consolidate several actions pending before him where it appears that the issues are the same in all the actions and can therefore be properly tried and determined at the same time.

(2) Where actions are pending before different Judges, a party desiring consolidation shall first apply to the Chief Judge for transfer of the matter to a Judge before whom one or more of the matters is pending.

(3) An order to consolidate may be made where two or more actions are pending between the same Claimant and the same Defendant or between the same Claimant and different Defendants or between different Claimants and the same Defendant or between different Claimants and different Defendants: Provided that where the same Claimant brings actions against different Defendants, they will not be consolidated without the consent of all parties unless the issues to be tried are identical.

(4) Where an Order for consolidation has been made, the Judge shall give such directions as may be necessary for the trial or hearing of the action or matter.

(5) An Order for consolidation shall be drawn up at the expense of the party or parties who made the application and shall be recorded in the Cause Book.