APPELLATE PRACTICE — Final vs Interlocutory Decision — Test for Distinction
Principle Statement
A decision is final where the dispute between parties has been completely brought to an end or where the decision has finally disposed of the rights of the parties in a matter otherwise it would be interlocutory. The instant appeal before the lower court has been dismissed with costs which decision has terminated the appeal and so, as far as the rights of the parties are concerned with regard to the subject matter of the appeal, they have been finally determined whether rightly or wrongly is out of the question. And so, the decision in this instance is final not interlocutory.
Ratio Decidendi (Source)
Per Chukwuma-Eneh, JSC, in General Electric Company v. Akande & Ors (2010) NLC-3372008(SC) at p. 10; Paras A–C.
"A decision is final where the dispute between parties has been completely brought to an end or where the decision has finally disposed of the rights of the parties in a matter otherwise it would be interlocutory. The instant appeal before the lower court has been dismissed with costs which decision has terminated the appeal and so, as far as the rights of the parties are concerned with regard to the subject matter of the appeal, they have been finally determined whether rightly or wrongly is out of the question. And so, the decision in this instance is final not interlocutory."
Explanation / Scope
This principle establishes the test for distinguishing final from interlocutory decisions. A decision is final if it completely ends the dispute or finally disposes of the rights of the parties. Dismissal of an appeal with costs is a final decision. The principle applies where the nature of a decision is in issue. It ensures proper classification for appeal purposes. The principle reflects that finality is determined by the effect of the decision. It prevents confusion between final and interlocutory orders. The court must examine the effect of the decision. The principle provides guidance on distinguishing final from interlocutory decisions.
