AKOMA & ANOR
V.
OSENWOKWU & ORS
·
Akoma v. Osenwokwu (2004) 11 NWLR (Pt. 883) 98
AKAAHS, J.C.A. (Delivering the Leading Judgment): Two suits were consolidated at the trial. They are suit No. O/11/75 in which the appellants were the defendants and suit No. O/11/76 in which they were the plaintiffs. On consolidation of the two actions, the appellants were made the defendants, while the respondents remained as plaintiffs. Suit No. O/11/75 was first commenced at the Asaba High Court as suit No. A/30/72, but was later transferred to Ugwashi Uku Court, where it was renumbered as O/11/75. On 21/5/76, the defendants also instituted an action at Ugwashi Uku High Court and this latter suit was numbered O/11/76. The 1st and 2nd defendants in suit O/11/76 admitted in their pleadings that they granted a portion of the disputed land to the 3rd defendant; hence, it was not difficult to consolidate the two actions when an application to that effect was granted on 27/10/78.
In the amended writ of summons the plaintiffs claimed as follows:
"The plaintiffs claim jointly and severall…