Ratio Decidendi

Per RHODES-VIVOUR, JSC, in Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC) at p. 13, para. D – p. 14, para. A:

"Consolidation of suits is granted if a trial judge is satisfied that the issues in the suits can be resolved in one joint proceeding rather than in separate proceedings. This decision is arrived at if the learned trial judge is satisfied that: (a) some common questions of law or fact arise in both or all the causes or matters; or (b) the rights to relief are claimed in respect of or arise out of the same transaction or series of transactions; or (c) for some other reason it is desirable to make an order under the rule."
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Explanation / Scope

This principle establishes the grounds for consolidation of suits: common questions of law or fact, claims arising from the same transaction, or other desirable reasons. The principle applies where consolidation is sought. It ensures that related suits are heard together. The principle reflects the discretionary nature of consolidation. It prevents multiplicity of proceedings. The court must be satisfied that consolidation is appropriate. The principle provides guidance on when consolidation may be granted.

Cases Applying This Principle

Naboth Okwuagbala & Ors v. Margret Ikwueme & Ors