(2000) JELR 44159 (SC)    

Supreme Court  ·  SC.106/1994 ·  7 Apr 2000 ·  Nigeria
Other Citations
Iloabuchi v. Ebigbo (2000) 8 NWLR (Pt.668)197 (2000) 4 S.C (Pt II) 124
Iloabuchi v. Ebigbo (2000) 8 NWLR (Pt. 668) 197
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
suit no. hor
statement of claim
isaac iloabuchi
learned trial judge
cosmos ebigbo
consolidated suits
said land
plan no. oke
alfred ngerem
ala ihunwa ojukwu
cosmas ebigbo
daily sketch
final judgment
parcel of land
consolidation of suits
native law
oral hearing of the appeal
plaintiffs grandfather
above suit
behalf of ebigbo family of eziokwu
case file
chief magistrate court
descendant of the late ugwa duruobiaku
different dates
father of cosmas
high court okigwe
leading judgment
magistrate court orlu
mr. anyalebeohi onyeagu
number of grounds
okigwe high court
order ii
orlu judicial division of imo state high court
plaintiffs case
plaintiffs family land
purpose of trial
said plan
subject matter
such action

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 …

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