LEGAL PRINCIPLE: CIVIL PROCEDURE – Interlocutory Applications – Court Must Not Decide Substantive Case at Interlocutory Stage
PRINCIPLE STATEMENT
It is erroneous for a court, whether trial or appellate, in determining an interlocutory matter to succumb to the temptation of deciding the substantive case that is yet to be agitated by the parties. That will evoke a serious outrage.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in F.S.B. International Bank Ltd. v. Imano Nigeria Ltd. & Anor (2000) NLC-251995(SC) at p. 15; Paras D–E.
"It is erroneous for a court, whether trial or appellate, in determining an interlocutory matter to succumb to the temptation of deciding the substantive case that is yet to be agitated by the parties. That will evoke a serious outrage."
EXPLANATION / SCOPE
Courts must confine interlocutory rulings to the narrow issues raised—jurisdiction, procedure, or preservation of rights—without pre-judging the substantive case. Deciding the merits at an interlocutory stage denies parties the right to a full trial and constitutes a fundamental procedural error. Such premature determination violates fair hearing principles. The court’s role at interlocutory stage is to manage proceedings, not to determine ultimate liability or entitlement. Any ruling that effectively resolves the main case before trial is an abuse of judicial power and will be set aside.