OGUNTADE, JCA (Delivering the Lead Judgment): The appellant was the plaintiff in suit No. 006/96 before the Okpo Upper Area Court of Kogi State. He sued the 1st respondent over the ownership of a parcel of land called Oko-Amaja in Kogi State. Whilst the suit was pending before the aforesaid Okpo Upper Area Court, the 2nd defendant initiated a suit of his own No. CV 033/97 against the plaintiff (i.e. present appellant) in suit No. 006/96.
On 21/8/96, following an application by plaintiff’s counsel in suit No. 006/96, which said application was vehemently opposed by counsel for the defendant in suit No. CV/033/96, the Okpo Upper Area Courtconsolidated the two suits for hearing. After the consolidation, evidence was taken from witnesses. However, the consolidated suit was later transferred to the Upper Area Court, Idah for hearing de novo . On 29/7/98, before the Idah Court, Mr. Igoche counsel for the defendant in 006/96 made an application that the suits be de-consolidated. The appli…