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RULING
The Plaintiff/Applicant herein, Onukumah Construction Company Limited on the 15th day of September 2021, brought the instant application praying for an order that the two actions, SUIT NO. LD/0218/2017 titled ONUKUMAH CONSTRUCTION COMPANY LIMITED VRS LANDS COMMISSION and SUIT NO. LD /0752/2017 titled ONUKUMAH CONSTRUCTION COMPANY LIMITED VRS LANDS COMMISSION & 3 ORS.
In an affidavit filed supporting the application, it is the contention of the applicant that it would be fair, just, equitable and reasonable to have the two suits consolidated for trial as one to enable all matters in controversy to be resolved in a manner that will achieve speedy and effective justice, avoid delays and multiplicity of proceedings.
The applicant aver that he is the Managing Director of the Plaintiff Company in both suits and there have been persistent disputes among the parties in both suits at the Lands Commission prior to the initiation of both actions in court.
That the parties in the “1st Suit” are also the main parties in the “2nd Suit” with only difference being the presence of the 3rd and 4th Defendants in Suit No. LD/0752/2017.
That the subject matter in dispute in both cases are same and it will be expedient for both cases to be tried together.
That after due consultations by the counsels in both suits, it was their considered opinion that the prosecution of the two suits will best be done and justice prevailed if they are consolidated and tried together.
That if the suit are tried separately there is likely to be great mischief if the Courts order was to come to different conclusions on the same subject matter.
That it would be just, fair, equitable and reasonable to have the two suits consolidated for trial as one to enable all matters in controversy to be resolved in a manner that will achieve speedy and effective justice, avoid delays and multiplicity of proceedings.
Counsel for 3rd Defendant in Suit No. LD/0752/2017 and the applicant in the instant suit swore to an affidavit opposing the application.
That pleadings closed long ago and trial actually began over a year ago in Suit No. LD/0752/2017 and Suit No. LD/0218/2020 was commenced just in 2020 and it is still at the preliminary stages of pleadings.
That in the case of Suit No. LD/0752/2017 a Joinder was granted joining Anaina Company Limited as 4th Defendant which Joinder was appealed against to the Court of Appeal which is still pending.
That in relation to the said Suit No. LD/0752/2017 an appli