APPELLATE PRACTICE — Interlocutory Decision — Striking Out — When Order Is Interlocutory
Ratio Decidendi
Per Tobi, JSC, in Alor & Anor v. Ngene & Ors (2007) NLC-123-21-2002(SC) at p. 9; Paras A–C:
"Where a suit is struck out, the plaintiff, in most cases, has another opportunity to commence the action after curing the deficiency, which resulted in the striking out of the action… A decision is said to be final when the court that gave the decision has nothing else or nothing more to do with the case; to the extent that the court becomes functus officio."
Explanation / Scope
This principle establishes that striking out a suit is generally interlocutory because the plaintiff can cure the deficiency and recommence. A final decision makes the court functus officio. The principle applies where suits are struck out for procedural defects. It ensures that parties are not permanently barred by technical defects. The principle promotes access to justice. The court must consider whether the plaintiff has another opportunity. The principle reflects the distinction between striking out and dismissal. It prevents injustice from technical dismissals.