Introduction

This is an application by the defendants in enclosure 43 to have this suit - the D4 suit, to be consolidated with the D5 suit bearing number D5-22-396-2002 and thereafter transferred to the D5 court pursuant to Order 4 of the Rules of the High Court 1980 ("RHC") and under the inherent jurisdiction of this court.

In enclosure 43, the defendants have prayed for, inter alia, the following orders:

(i) that this suit (referring to the "D4 suit") be consolidated with the D5 suit (referring to the suit bearing number D5-22-396-2002) and thereafter be carried on concurrently;

(ii) that the title to the D5 suit (referring to the suit bearing number D5-22-396-2002) be amended by adding it to the title of the D4 suit; and

(iii) that the costs of and incidental to this application be costs in the cause.

What is the purpose of consolidation?

It is to save time and costs and is usually ordered when there appears to the court that there is "some common question of law or fact bearing sufficient importance in proportion to the rest" of the subject-matter of the actions so as "to render it desirable that the whole should be disposed of at the same time" (Payne v. Br