LEGAL PRINCIPLE: CIVIL PROCEDURE – Consolidation of Suits – Effect of Consolidation Does Not Render Evidence in One Action Evidence in Another
PRINCIPLE STATEMENT
The consolidation of two actions does not render the evidence tendered in one ipso facto evidence in the other.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Iloabuchi v. Ebigbo & Anor (2000) NLC-1061994(SC) at p. 17; Para E.
"The consolidation of two actions does not render the evidence tendered in one ipso facto evidence in the other."
EXPLANATION / SCOPE
Consolidation is a procedural mechanism for joint hearing; it does not automatically make evidence from one action evidence in the other. Each action retains its distinct character, and evidence must be properly tendered and considered in each. Consolidation does not merge the suits into one; it merely allows them to be heard together for convenience. The court must still evaluate evidence separately for each action unless the parties agree otherwise. This preserves the integrity of each claim and ensures that evidentiary rules are properly applied.