JUDGMENT

Kenneth St James JC:

(Second Defendant's Application To Transfer And Consolidate)

Prelusion

[1] The 2nd Defendant (Miss Lim) applies to transfer the Session Court Suit No PA-B52NCVC-46-05/2021 (SC Suit 46), to be consolidated and heard together with this High Court Suit (HC Suit 119). Should I grant the Order to do so?

[2] Miss Lim puts forth four reasons for asking for this Order:

(i) SC Suit 46 has the same subject matter as HC Suit 119;

(ii) SC Suit 46 has the same cause of action as HC Suit 119;

(iii) to transfer SC Suit 46 to be consolidated and heard with HC Suit 119 will save time and costs for everyone concerned;

(iv) the transfer and consolidation will avoid a duplicity of suits.

[3] I will first glean the applicable law that guides me.

The Law On Transfers

[4] I will call Miss Lim's application: the Application to transfer and consolidate. She makes her Application to transfer and consolidate under O 57 r 1 (re transfer) and O 4 r 1 (re consolidation) of the Rules Of 2012 ( ROC ).

[5] I will start with the Courts Of Judicature Act 1964 (CJA). Sub-section 25(2) and the Schedule (para 12) of the CJA empower the High Court to transfer a Subordinate Court proceeding to the High