LOVELACE-JOHNSON, JSC:-
This is an application for consolidation of Civil Appeal No. H/112/2019 filed by the 1st
Defendant/Respondent/Applicant in respect of the Court of Appeal judgment
attached as exhibit A with the present appeal filed by the
Plaintiff/Appellant/Appellant/Respondent.
Clearly the appeals being in respect of the same judgment delivered by the court of
appeal, it makes sense to hear them together as a consolidated appeal. Both
appeals arise from the same facts, that is, the same commercial transaction between
the parties.
The position of counsel for the respondent is that he would not have opposed the
present application but for the failure of the Applicant to give notice of his cross
appeal as required by rule 9(1) of the Supreme Court Rules CI 16. Counsel for the
Applicant admits that he failed to give the said notice.
It is this court’s considered opinion that the circumstances of this case being such
that an order to consolidate the appeals in question is the most appropriate order to
make, the non-compliance with rules 9 (1) by the applicant should be and is hereby
waived by virtue of Rule 79 of the Supreme Court rules 1996 CI 16.
The application is granted as prayed in all the terms sought. Further to (d), the
Applicants are to file their statement of case within 14 days of today.
AVRIL LOVELACE-JOHNSON
(JUSTICE OF THE SUPREME COURT)
