NONYEREM OKORONKWO, J.C.A. (Delivering the Lead Ruling):The application necessitating this ruling highlight some problems inherent with consolidation of suits before trial and the need to carefully avoid some confusion associated with such amalgamation of suit particularly at trial Courts.
The judgment from which the appeal arose is of the Ogun State High Court coram Hon. Justice O.A. Onafowokan who in the course of proceedings in HCT/6/89 Engineer S.O. Ogunseye and Ors v. Alhaji M.O. Odutola consolidated it with a latter suit HCT/133/2000 Sule Faluyi and Ors v. Engineer S.O. Ogunseye and Ors.
After hearing the respective cases of the multifarious parties, the claim in suit No. HCT/133/2000 was dismissed while judgment was given in favour of the plaintiffs in HCT/6/89.
Dissatisfied, the defendants in HCT/6/89 and plaintiffs in HCT/133/2000 filed a joint Notice of Appeal in which their respective counsel namely:
M.O. Abudu Esq.
Appellants Solicitors
M.O. Abudu and Co.
29/31 Folashade Street,
K…