ORDER 33 - TRANSFERS AND CONSOLIDATION

ADAMAWA
ORDER 33 - TRANSFERS AND CONSOLIDATION
TRANSFERS

1. Where a Judge has, -ordered the transfer of any action from the Magis-trates Court to the Court or to another Magistrates Court; or ordered the transfer of any cause or matter before him to a Magistrates Court,  a copy of the order duly certified by the registrar shall forthwith be sent to the registrar of the Magistrates Court who shall transmit to the Court or the Magistrates Court, as the case may be, the process and proceedings in every such action, and an attested copy of all entries in the books of that Court relating thereto and thenceforth all proceedings in the action, cause or matter shall be taken in the Court to which the transfer is made as if the action, cause or matter had been commenced therein.

2.-(1) On receipt by the Court of the documents mentioned in the last preceding rule, the registrar shall notify the party who applied for the transfer or, where the transfer was not made on application of any party, the plaintiff, to attend at the Registry of the Court and pay the fees for filing the documents, if any. Such payment shall be without prejudice to the question of how the costs shall ultimately be borne.

(2) Such notification shall be effected by serving a notice personally on the party concerned or where an address for service has been given by the party in the Magistrates Court, service may be effected by leaving the notice with an adult person resident or employed at the address for service given in the Magistrates Court.

3.-(1) The Registrar shall, on payment of the prescribed fees, if any, file the document received from the District Court and make an entry of such filing in the Cause Book.

(2) The Registrar shall then serve notice on the parties to attend in person or by their legal practitioners before the Court on the day and at the time specified in the notice.

(3) The fees for the service of this notice shall be defrayed in the first instance by the party who has paid the fees for filing as provided by rule 2(1).

4.-(1)  If the plaintiff fails to attend in compliance with the notice given under rule 3(2), the Court shall record his default and the defendant may apply by summons for an order dismissing the action.The provisions of paragraph (2) of rule 2 shall apply to the service of such summons on the plaintiff.

(2) Upon an application by a defendant to dismiss the action, the court may either dismiss the action upon such terms as may be just or make such other order on such terms as it think just.

(3) If the defendant fails, or all the defendants if more than one fail to attend in compliance with a notice given under rule 3(2), the plaintiff, after having caused an address for service to be entered in the Cause Book may, by leave of the Court to be obtained on summons, have judgment entered for him with costs or obtain the order prayed for in the transferred proceedings.The provisions of paragraph (2) of rule 2 shall apply to the service of such summons on the defendant or the defendants.

5. The references in rule 4 to the plaintiff and the defendant shall, in relation to proceedings commenced otherwise than by plaint, be construed as references to the applicant and the respondent.

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 there-fore 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 the parties unless the issues to be tried are pre-cisely similar.

(3) Applications for consolidation may be made by summons or notice for directions in Chambers, or they may be made 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. "Magistrates Court" in this order includes the District Court.

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