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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(1975) 1 CLR 302
1975 November 6
[TRIANTAFYLLIDES, P., STAVRINIDES, MALACHTOS, JJ.]
FRUIT AND. VEGETABLE INDUSTRY
(NEOPTOLEMOS S. KOUTSOKOUMNIS),
Appellant-Plaintiff,
v.
HALCO LTD. AND ANOTHER,
Respondents-Defendants.
(Civil Appeal No. 5442).
Civil Procedure-Practice-Appeals-Consolidation-Principles applicable-Subject-matters of appeals entirely different-Not convenient that they should be consolidated- Order 35, rule 28 of the Civil Procedure Rules.
The Court of Appeal after referring to the principles governing consolidation of appeals dismissed this application for consolidation on the ground that the subject matters of the two appeals are entirely different.
Application dismissed.
Cases referred to:
Hiddingh v. Denyssen [1887] 12 AC. 107.
Application.
Application by appellant-plaintiff for an order directing that Civil Appeal Nos. 5442 and 5495 be consolidated and be heard together.
L. Papaphilippou, for the appellant.
G. Nicolaides, for respondent No. 1.
G. Achilles, for respondent No. 2.
The decision of the Court was delivered by:-
TRIANTAFYLLIDES, P.: Counsel for the appellant has applied that this appeal should be consolidated with Civil Appeal No. 5495 which is, also, fixed for hearing before us today.
He has submitted, in this respect, that both appeals are between the same parties, that they have arisen in relation to two applications made in one and the same action by the appellant, and that there is involved, in both of them, the same basic issue, namely whether or not the appellant (the plaintiff before the trial Court) is "a person existing in law"
On the other hand, there is no doubt that counsel for the respondents were right in stressing that the subject matters of the two appeals are entirely different: The one is an appeal against a refusal to grant an interim injunction and the other is an appeal against a refusal to grant relief under section 62 of the Partnership and Business Names Law, Cap. 116.
It is correct that under Order 35, rule 28, of the Civil Procedure Rules, we may order that two appeals should be consolidated at any stage, if it appears convenient that they should be heard together; and we have been, also, referred, to Hiddingh v. Denyssen [1887] 12 A.C. 107; but, for the reason stated in the preceding paragraph it does not appear to us to be convenient that the two appeals should be consolidated arid, so, the order to that effect applied for by the appellant is refused.
Application refused.