APPELLATE PRACTICE — Interlocutory Decision — Final Decision — Test for Distinguishing
Ratio Decidendi
Per Kalgo, JSC, in Alor & Anor v. Ngene & Ors (2007) NLC-123-21-2002(SC) at p. 5; Paras D–E:
"The test in deciding whether any order, decision or judgment of court is final or interlocutory is: Does the order as made finally dispose of the rights of the parties? If it does, then it is a final order, if it does not, it is only an interlocutory order."
Explanation / Scope
This principle establishes the simple test for distinguishing final from interlocutory orders. If the order finally disposes of the rights of the parties, it is final. If it does not, it is interlocutory. The principle applies in all decisions determining appealability. It provides a clear and practical test. The court must examine the effect of the order. The principle ensures consistent classification. It reflects Nigerian appellate practice. The test focuses on substance rather than form. The principle prevents confusion in determining the nature of orders.