LEGAL PRINCIPLE: APPELLATE PRACTICE — Final vs Interlocutory Decisions — Test for Finality
PRINCIPLE STATEMENT
An order or decision is final when it finally disposes of the rights of the parties, that is to say, the decision or order given by the court is such that the matter would not be further brought back to the court itself.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Odutola v. Oderinde & Ors (2004) NLC-1441999(SC) at p. 4; Paras A–B.
"An order or decision is final when it finally disposes of the rights of the parties, that is to say, the decision or order given by the court is such that the matter would not be further brought back to the court itself."
EXPLANATION / SCOPE
A final decision disposes of the parties’ rights such that the matter cannot be brought back to the same court. The test for finality is whether the decision conclusively determines substantive rights. The principle applies to appellate practice. The rule determines whether an appeal lies as of right. Interlocutory decisions leave further proceedings before the same court. Final decisions end the litigation on the issue determined.
