LEGAL PRINCIPLE: APPELLATE PRACTICE — Final vs Interlocutory Decisions — Separate Trial of Issue
PRINCIPLE STATEMENT
Where a hearing of any action is taken in parts under a rule of court permitting such procedure, a decision reached in such hearing is regarded as final if the decision is in respect of an issue which would have formed a substantive part of the final trial. A decision reached on a plea of res judicata, whatever the result, is one on an issue which would have formed a substantive part of the final trial in the sense whether or not a plaintiff may in law be allowed to maintain his action. It is a final decision.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Odutola v. Oderinde & Ors (2004) NLC-1441999(SC) at pp. 15–16; Paras E–B.
"Where a hearing of any action is taken in parts under a rule of court permitting such procedure, a decision reached in such hearing is regarded as final if the decision is in respect of an issue which would have formed a substantive part of the final trial. A decision reached on a plea of res judicata, whatever the result, is one on an issue which would have formed a substantive part of the final trial in the sense whether or not a plaintiff may in law be allowed to maintain his action. It is a final decision."
EXPLANATION / SCOPE
A decision on an issue heard separately is final if that issue would form a substantive part of the final trial. A ruling on a plea of res judicata is final because it determines whether the plaintiff may maintain the action. The principle applies to appellate practice. The rule determines appealability as of right. Such decisions finally dispose of substantive rights, even if other issues remain pending.
