Order 38 — Transfers and Consolidation

Where the Chief Judge has in exercise of any powers conferred on the Chief Judge 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 documents referred to in the relevant law and other necessary documents and processes.

(1) On receipt by the Court of the relevant 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 Plaintiff to attend at the Registry and pay the fees for filing and service of the processes.

(1) The Registrar shall on payment of the prescribed fees, in any case not later than 7 days:

(a) file the documents received from the lower Court;

(b) make an entry of the filing in the Cause Book; and

(c) transmit the 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 the Chief Judge shall, not later than 14 days after receiving the documents referred to in Rule 3 of this order:

(a) hear the parties or their Legal Practitioners;

(b) take cognizance of the documents; and thereafter;

(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 Plaintiff fails to attend in compliance with a notice given under sub-rule 2 of Rule 3 of this Order, the Judge shall record the default and may, suo motu or on application, dismiss the action or matter. Upon an application by a Defendant to dismiss the action or matter, the Judge may either dismiss the action or matter upon such terms as may be just or make such other order on such terms as seem just.

(2) If the Defendant fails or all of several Defendants fail to attend in compliance with a notice given under sub-rule 2 or Rule 3, the Plaintiff may obtain judgement with costs or obtain the order prayed for in the transferred proceedings.

Where a Court has no jurisdiction in a cause or matter, the Judge may, by order, transfer the cause or matter to a Court with competent jurisdiction.

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

(1) A Judge may, on application, consolidate several actions 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) An order to consolidate may be made where two or more actions are pending between

(a) the same Plaintiff and the same Defendant; or

(b) the same Plaintiff and different Defendants; or

(c) different Plaintiffs and the same Defendant; or

(d) different Plaintiffs and different Defendants.

Provided that where the same Plaintiff brings actions against different Defendants, the actions shall not be consolidated without the consent of all the parties, unless the issues to be tried are identical.

(3) Where an order for consolidation has been made, it shall be drawn up at the expense of the party or parties who applied for consolidation and shall be recorded in the Cause Book.

In the application of Rule 8(2) of this Order, references to the Plaintiff or Plaintiffs and the Defendant or Defendants shall, in relation to proceedings commenced otherwise than by writ, be construed as references to the Applicant or Applicants and the Respondent or Respondents.