LEGAL PRINCIPLE: APPELLATE PRACTICE – Decision – Definition – Administrative Decisions Not Appealable
PRINCIPLE STATEMENT
A decision under order 19 rule 5(1)(2) does not fall within the definition of 'decision' under section 277(1) of the 1979 Constitution. It is therefore not subject to appeal.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Dike & Ors v. Aduba & Anor (2000) NLC-1081994(SC) at p. 6; Paras C–D.
"A decision under order 19 rule 5(1)(2) does not fall within the definition of 'decision' under section 277(1) of the 1979 Constitution. It is therefore not subject to appeal."
EXPLANATION / SCOPE
Not all judicial or quasi-judicial pronouncements qualify as “decisions” appealable under the Constitution. The term “decision” in constitutional appeal provisions refers to final or substantive determinations of rights, not purely administrative or procedural rulings. An order under Order 19 rule 5(1)(2) (such as an order striking out for non-compliance) is administrative in nature and does not determine substantive rights. Such rulings are not appealable as of right, though they may be challenged through other procedural mechanisms. This limits appeals to matters of substance, not mere case management.