APPELLATE PRACTICE — Grounds of Appeal — Final vs. Interlocutory Decision — Garnishee Order Absolute is a Final Decision
Ratio Decidendi
Per Katsina-Alu, JSC, in Union Bank of Nigeria Plc v. Boney Marcus Ind. Ltd. & Ors (2005) NLC-22-2001(SC) at p. 7; Paras A–B:
"The above was the final garnishee order. In other words, it was an order absolute. It was a final decision of the court. A judicial decision is said to be final when it leaves nothing to be judicially determined thereafter in order to render it effective and capable of execution. That is to say that the matter would not be brought back to the court itself for further adjudication. Clearly, by the order of the court above, the trial court had determined the rights of the parties before it."
Explanation / Scope
A garnishee order absolute finally determines rights and leaves nothing for further adjudication. The court becomes functus officio. The principle applies to civil procedure and appellate practice.