LEGAL PRINCIPLE: APPELLATE PRACTICE — Interlocutory Appeal — Appeal as of Right Against Final Judgment — Ruling Affecting Whole Case
PRINCIPLE STATEMENT
Whether it is permissible to raise an appeal on a ruling as of right along with an appeal against the final judgment of a High Court sitting at first instance depends entirely on the overall effect of such a ruling on the merit of the case.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Owoniboys Tech. Services Ltd v. Union Bank of Nig. Ltd (2003) NLC-1681999(SC) at p. 28; Paras A–C.
"Whether it is permissible to raise the appeal on such a ruling as of right along with an appeal against the final judgment of a High Court sitting at first instance depends entirely on the overall effect of such a ruling on the merit of the case."
EXPLANATION / SCOPE
A ruling that affects the whole case may be appealed with the final judgment. The principle applies to appellate practice. The test is the effect on the merits. The rule determines the right of appeal. The appellant must show substantial effect. The principle is well-established.