Sunday, July 15, 2007

ORDER 4 - CONSOLIDATION OF PROCEEDINGS

ORDER 4
CONSOLIDATION OF PROCEEDINGS
1 Consolidation, etc., of causes or matters (O. 4, r. 1)
(1) Where two or more causes or matters are pending, then, if it appears to the Court -
(a) that some common question of law or fact arises in both or all of them; or
(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or
(c) that for some other reason it is desirable to make an order under this rule,
the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or one immediately after another or may order any of them to be stayed until after the determination of any other of them.
(2) An order for consolidation must be in Form I and shall direct that the cause or matter in which the application is made shall thence forward be carried on in such other cause or matter and that the title of such other cause or matter be amended by adding thereto the title of the cause or matter in which the application is made.
(3) Upon such order being made, the file of the cause or matter in which the application is made shall be transferred to and added to the file of such other cause or matter, and the copy of the order shall be left in place of the file so transferred, and a memorandum of the transfer shall be entered in the cause book against the cause or matter so consolidated.

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