Consolidation
6. (1) Actions pending in the High Court may be consolidated by order of the Court or of a Judge in chambers
where it appears that the issues are the same in all the actions and can therefore be properly tried and determined
at one and the same time.
(2) An order to consolidate may be made where two or more actions are pending between the same plaintiff and
the same defendant or between the same plaintiff and different defendants or between different plaintiffs and the
same defendant or between different plaintiffs and different defendants:
Provided that where actions are brought by the same plaintiff against different defendants, they shall not be
consolidated without the consent of all parties unless the issues to be tried are precisely similar.
(3) Application for consolidation may be made by summons or notice for directions in chambers or by motion in
Court on notice.
(4) Where an order for consolidation has been made, it shall be drawn up at the expense of the party or parties
who applied for consolidation and shall be recorded in the Cause Book.
(5) In the application of these provisions to proceedings not begun by a writ of summons, references to the
plaintiff and the defendant shall be construed as references to the applicant and the respondent.
7. "Magistrate's Court" in this Order includes the District Court in the Northern States, that is to say, Bauchi
State, Benue State, Borno State, Gongola State, Kaduna State, Kano State, Katsina State, Kwara State, Niger
State, Plateau State and Sokoto State.
Order 35
Settlement and Trial of Issues
Settlement of Issues
1. At any time before or at the hearing, the Court may, if it thinks fit on the application of any party or of its own
motion proceed to ascertain and determine what are the material questions in controversy between the arties, and
may reduce those questions into writing and settle them in the form of issues which issues when settled may state
questions of law on admitted facts or questions of disputed facts or questions partly of the one kind and partly of
the other.
2. The Court may, if it thinks fit, direct the parties to prepare the issues and the issues shall be settled by the
Court.
3. The issues may be settled without any previous notice at any stage of the proceedings, at which all the parties
are actually present or at the hearing.
4. If otherwise, notice shall be given to the parties to attend the settlement of the issues.
5. At any time before the decision of the case, if it appears to the Court necessary for the purpose of determining
the real question or controversy between the parties, the Court may amend the issues or frame additional issues
on such terms as it seems fit.
Trial of Questions and Issues
6. (1) The Court may order any question or issue arising in a cause or matter, whether of fact or of law or partly
of fact and partly of law and whether raised by the pleadings or otherwise, to be tried before, at or after the trial
of the cause or matter and may give directions as to the manner in which the question or issue shall be stated.
(2) An order under this rule may be made on application by a party or by the Court or a Judge in chambers on its
or his own motion.