APPELLATE PRACTICE — Final Decisions — Appeal as of Right — Distinction from Interlocutory Appeals
Ratio Decidendi
Per Fabiyi, JSC, in Ault & Wiborg (Nig.) Ltd v. Nibel Industries Ltd (2010) NLC-123-169-2003(SC) at pp. 22–23; Paras E–B:
"In a final decision where the rights of the parties have been finally determined, appeal is brought as of right. And where there is a right of appeal, no leave of court is needed or desirable in my considered view. This is often confused with interlocutory appeals wherein the rights of the parties in a case have not been decided upon."
Explanation / Scope
This principle establishes the distinction between final and interlocutory decisions for appeal purposes. Final decisions—where rights are finally determined—are appealable as of right without leave. Interlocutory decisions—where rights are not finally determined—require leave to appeal. The principle applies where the nature of the decision determines the appeal procedure. It ensures that parties know when leave is required. The principle reflects the constitutional provisions on appeals. It prevents confusion between the two types of decisions. The court must determine if the decision finally disposes of rights. The principle provides clarity on appeal procedures.