WRITTEN ADDRESS IN SUPPORT OF MOTION FOR CONSOLIDATION

IN THE HIGH COURT OF LAGOS

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO:……………………

MOTION___________

BETWEEN

MR. FELIX ODUMEGWU…………………………………………………… CLAIMANT/APPLICANT AND

AFRIBANK NIGERIA PLC…………………………………………………DEFENDANT/RESPONDEN

WRITTEN ADDRESS IN SUPPORT OF MOTION

Introduction

This is a Motion on Notice pursuant to Order 37 Rule 7 of the Lagos State High Court (Civil Procedure) Rules 2012 and under the inherent jurisdiction of this Honourable Court.

Brief Facts of the Case

The facts are that two law suits are pending simultaneously before the Honourable Court, the subject matter and the parties are the same. The applicant hereby bring this application so as to save time and cost.

Issue for Determination

One issue for determination is whether in view of the circumstance, the two suits will be consolidated.

Legal Argument

It is submitted that the Honourable Court has the power to consolidate two pending suits pursuant to Order 37 Rule 7. For the applicant to succeed, he has to show that the two actions or suits sought to be consolidated are based on the same subject matter and that the parties are the same. We refer the Court to paragraphs 3-5 of the affidavit in support and submit that the applicant has shown that the parties and the subject matter is the same. We rely on the case of Nwidenyi v. Aleke (1996) 4 NWLR (Pt 442) 351,; Eyo v. UKu (1996) 1 NWLR pt 423)