LEGAL PRINCIPLE: APPELLATE PRACTICE — Interlocutory Appeals — Effect of Failure to Appeal Interlocutory Order — Whether Bars Complaint on Appeal Against Final Judgment
PRINCIPLE STATEMENT
No interlocutory judgment or order from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision upon the appeal as may seem just. Under this rule a party who is dissatisfied with a judgment and who appeals against it may raise complaint against any interlocutory order made by trial court even though he has not appealed against that interlocutory order when it was made.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC Iweka v. S.C.O.A. (Nigeria) Limited (2000) NLC-2311992(SC) at p. 26; Paras. A–B.
"No interlocutory judgment or order from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision upon the appeal as may seem just. Under this rule a party who is dissatisfied with a judgment and who appeals against it may raise complaint against any interlocutory order made by trial court even though he has not appealed against that interlocutory order when it was made."
EXPLANATION / SCOPE
A party who did not appeal an interlocutory order when it was made is not precluded from challenging it in an appeal against the final judgment. The appellate court retains discretion to consider complaints about interlocutory rulings that affected the final outcome. This rule prevents multiplicity of appeals and promotes judicial efficiency. However, the court will only interfere if the interlocutory order was erroneous and contributed to an unjust final decision. The failure to appeal earlier does not constitute waiver or acquiescence where the final judgment is properly appealed.