PRINCIPLES GOVERNING CONSOLIDATION

CHIEF UJILE D. NGERE & ANOR V. CHIEF JOB WILLIAM OKURUKET & 3 ORS. 15 NWLR
(PART 1482) 392.
On principles guiding application for consolidation of actions the supreme court held that
although the grant or refusal of an application for consolidation is purely at the discretion of the
court, there are general conditions, in addition to any that may be laid by the rules of court in a
particular situation, that may be satisfied before the exercise of such discretion, viz;
a. The cases/suits to be consolidated must be pending in the same court
b. There is/are some common questions of law or fact bearing sufficient importance in
proportion to the rest of the subject matters of the actions to render it desirable that all the
suits/cases sought to be consolidated be disposed of at the same time.
c. The same common questions of law or fact in each of the actions could conveniently be
disposed of in the same proceeding
d. The right to relief claimed in each action arises out of the same transaction and/or
e. For any other reasons it is desirable to order consolidation.

On principles guiding consolidation of cases.

The supreme court also held that Consolidation of suits/cases is generally made for expediency
and convenience, such that suit/cases having same and common characteristics of law or facts or
arising from common transactions may be heard and determined at the same time in order to
avoid multiplicity of actions and to economise time and cost. However, where from the nature of
the claims, the issues and the constitution of the parties in the actions, consolidation will cause
confusion to questions in controversy or will cause embarrassment or injustice to one of the
parties, it will not be ordered.
This principle holds true even where the parties have consented to the consolidation.

STATOIL(NIG) LTD V. SDWP LTD 2015 17NWLR (PART 1489) P 5. 45-546

On right of a party to apply for consolidation of appeals.
The court held that the usual practice where there are two separate notices of appeal is for the
two appeals to have separate notices of appeal is for the two appeals to have separate appeal
numbers and then if counsel so desires, he would apply to the court by motion on notice for
consolidation of the two suits and to be allowed to use the same record of appeal for the second
appeal.
OKWUAGBALA V. IKWUEME. 2010(19) NWLR (PT 1226) 54. SC

On need to avoid unnecessary interlocutory appeal on decisions that do not determine suit.
The Supreme court held that since a grant or refusal of an application for consolidation will not
finally determine the real questions in controversy in the cases, such an issue could be raised on
appeal against the final decision. It should not be allowed to delay the determination of the real
issue in dispute in the trial court.

INEC V. NYAKO 2013(12) NWLR (PT 1262) 439.

ON RULES GOVERNING CONSOLIDATION OF APPEALS.
TheCourt of Appeal held that it is an accepted judicial practice to consolidate actions or, as the
case maybe, appeals in which the same issues are raised by parties and which are substantially
the same against one or same decision of a lower court for convenience and to save time in
arguing them. for that reason, consolidated distinct and separate identities for the purpose of
determination. The law requires that there be separate pronouncement by the court on each of
them.