LEGAL PRINCIPLE: CIVIL PROCEDURE – Consolidation of Suits – When Suits May Be Consolidated
PRINCIPLE STATEMENT
Causes or matters pending in the same court may, by order of the court, be consolidated for purposes of hearing and determination. When, therefore, suits are not pending in the same court, it does not appear that they can be properly consolidated for the purpose of hearing. Where cases are pending in different courts, it stands to reason that they cannot be consolidated until they must all have been brought together in the same court by appropriate orders of transfer.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Iloabuchi v. Ebigbo & Anor (2000) NLC-1061994(SC) at p. 22; Paras D–E.
"Causes or matters pending in the same court may, by order of the court, be consolidated for purposes of hearing and determination. When, therefore, suits are not pending in the same court, it does not appear that they can be properly consolidated for the purpose of hearing. Where cases are pending in different courts, it stands to reason that they cannot be consolidated until they must all have been brought together in the same court by appropriate orders of transfer."
EXPLANATION / SCOPE
Consolidation is only possible where all suits are pending in the same court. If cases are pending in different courts, they cannot be consolidated until transferred to a single court by appropriate orders. The power to consolidate is a case management tool exercisable within a single court’s jurisdiction. It does not extend to merging proceedings from different judicial forums. Parties seeking consolidation must first ensure all matters are before the same court through transfer or removal before consolidation can be ordered. This maintains orderly judicial administration.