OGUNDARE, J.S.C. (Delivering the Leading Judgment): This appeal raises the question: when is consolidation of suits for the purpose of trial desirable or permissible?
In suit No. HOR/27/74 (formerly HO/16/72) in the Orlu Judicial Division of Imo State High Court, Cosmas Ebigbo (for himself and on behalf of Ebigbo family of Eziokwu, Urualla) had sued Isaac Iloabuchi for-
"1. Declaration of title to a piece or parcel of land called 'Ala Ihunwa Ojukwu' situate at Ezi-Okwu, Urualla in Nkwere Division within the Okigwe Judicial Division, of the annual rental value off 5(five pounds) and more particularly delineated on the plan to be tendered in evidence.
2. 'a3 100 (One hundred pounds) damages for trespass.
3. An injunction restraining the defendant, his servants and agents from entering the said land and acting therein in any manner inconsistent with the plaintiff's ownership and possession."
Pleadings were filed and exchanged. The plaintiffs case in the action was pleaded in paragraphs …