OSAMANPA ESTATE DEVELOPERS vs. ISSIFU ALI AND ASHIE DJANIE DEVELOPERS AND ISSIFU ALI vs. NII OKOE KOTEI II ANDNII KOTEI BREMPONG AND STELLA SAWYER

JUDGMENT This is a consolidated suit. The suit with Number C1/18/09 shall be referred to as Suit A and case numbered IRL 418/10 shall be referred to as Suit B. In the case of Agboado v Fiankor (1995 – 1996) 1 GLR 278 at 281, the Court of Appeal speaking through Justice Benin JA (as he then was) stated the position of the law with regards to consolidated suit as follows: “An important incidence of consolidating cases is to enable the hearing to be facilitated and expedited. But another equally important incidence of consolidation is that a separate judgment must be delivered in each suit. Thus the individual identity of each of the consolidated suits must be maintained throughout the proceedings up to execution.” The court laid down the rule that the trial court ought to be guided by the various incidences associated with the consolidation. Thus in a consolidated suit: a) A separate judgment has to be delivered in each suit; b) The individual identity of each of the consolida...