LEGAL PRINCIPLE: APPELLATE PRACTICE – Interlocutory Orders – Right to Challenge Interlocutory Order on Appeal Against Final Judgment
PRINCIPLE STATEMENT
No interlocutory judgment or order from which there has been no appeal shall operate so as to bar or prejudice the court from giving such decision upon the appeal as may seem just.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, applying Order 3 Rule 22 of the Court of Appeal Rules, in Iloabuchi v. Ebigbo & Anor (2000) NLC-1061994(SC) at pp. 13–14; Paras D–A.
"No interlocutory judgment or order from which there has been no appeal shall operate so as to bar or prejudice the court from giving such decision upon the appeal as may seem just."
EXPLANATION / SCOPE
A party who did not appeal an interlocutory order when made is not precluded from challenging it in an appeal against the final judgment. The appellate court retains discretion to consider complaints about interlocutory rulings that affected the final outcome. This prevents multiplicity of appeals and promotes judicial efficiency. However, the court will only interfere if the interlocutory order was erroneous and contributed to an unjust final decision. The failure to appeal earlier does not constitute waiver where the final judgment is properly appealed.