GALADIMA JSC (Delivering the Lead Judgment): At the trial Ugwashi-Uku High Court of the then Bendel 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 the 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 May 1976, the defendants appellants herein also instituted an action at Ugwuashi-Uku High Court and it was numbered 01/11/75. 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 October 1978. I sh…