APPELLATE PRACTICE — Interlocutory Decision — Final Decision — Nature-of-Order Test
Ratio Decidendi
Per Tobi, JSC, in Alor & Anor v. Ngene & Ors (2007) NLC-123-21-2002(SC) at pp. 7–8; Paras D–A:
"In Nigeria, it is the 'nature-of-order' test that has been constantly applied. If the order made finally disposes of the rights of the parties, then the order is final. If the order made does not, then it is interlocutory. An order is also regarded as final if it at once affects the status of the parties… In order to determine whether or not the decision of a court is final or interlocutory, the decision must relate to the subject matter in dispute between the parties, and not the function of the court making the order."
Explanation / Scope
This principle establishes the nature-of-order test for distinguishing final from interlocutory orders. An order is final if it finally disposes of the rights of the parties. An order is interlocutory if it does not. An order affecting the status of the parties is also final. The test looks at the subject matter, not the function of the court. The principle applies in all decisions determining appealability. It ensures proper classification of orders for appellate purposes. The principle reflects Nigerian appellate practice. The court must examine the effect of the order on the rights of the parties.