SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): At the trial Ugwashi-Uku High Court of the then Bende State of Nigeria, two suits between two communities were consolidated. In Suit No. 01/11/75, the Appellants herein were the Defendants and in Suit No. 01/11/76, they were the plaintiffs. On consolidation of the two land suits, the appellants were made the Defendants while the Respondents remained as plaintiffs. Suit No. 01/11/75 was first commenced at the Asaba High Court as Suit No. A/30/72, but was later transferred to Ugwuashi-Uku High Court as Suit re-numbered as 01/11/75. On 21/5/76, the Defendants Appellants herein also instituted an action at Ugwuashi-Uku High Court and it was numbered 01/11/76. The 1st and 2nd Respondents admitted in their pleadings that they granted a portion of the disputed land to the 3rd Respondents; hence it was not difficult for the trial Court to consolidate the two actions when an application to that effect was granted on 27/10/78.
I shall…