LEGAL PRINCIPLE: APPELLATE PRACTICE – Interlocutory Appeals – Raising Interlocutory Orders in Appeal Against Final Judgment
PRINCIPLE STATEMENT
Where a party wants to appeal against an interlocutory decision, they must do so within the specified time allowed by law where the grounds of appeal involve issues of law only; where however the party appealing is out of time or the grounds involve issues of mixed law and fact or fact alone, they must, as a condition precedent, seek and obtain leave of the court.
RATIO DECIDENDI (SOURCE)
"Where a party wants to appeal against an interlocutory decision of this nature, he must do so within the specified time allowed by law where the grounds of appeal involves issues of law only. Where however the party appealing is out of time or the grounds involve issues of mixed law and fact or fact alone, he must, as a condition precedent, seek and obtain leave of the court."
EXPLANATION / SCOPE
Interlocutory appeals (appeals from non-final orders) have specific requirements: (1) Pure law questions, within time: appeal as of right without leave; (2) Out of time, or mixed/fact questions: leave required as condition precedent. This framework serves: encouraging prompt appeals on interlocutory matters, screening appeals involving fact re-examination (leave requirement), and preventing stale interlocutory appeals (time limits). Leave requirements assess: whether appeal has merit, whether delay (if out of time) is excusable, and whether factual re-examination is warranted. Parties appealing interlocutory orders must: identify question type (law, mixed, or fact), file within time if pure law question, or seek leave if out of time or non-law questions. Failure to obtain required leave renders: the appeal incompetent, and any appellate court proceedings void. This distinguishes interlocutory appeals from final judgment appeals (where leave requirements differ) and ensures appropriate gatekeeping for interlocutory matters preventing undue interruption of ongoing trials.