LEGAL PRINCIPLE: APPELLATE PRACTICE — Right of Appeal — Appeal Lies as of Right from a Final Decision of a Court of First Instance
PRINCIPLE STATEMENT
Having come to the conclusion that the decision of the trial court in issue is a final one as opposed to an interlocutory decision, it follows that the respondent did not need the leave of either the trial court or the Court of Appeal before appealing against same as it is the law that an appellant appeals as of right against the final decision of a court of first instance.
RATIO DECIDENDI (SOURCE)
Per Onnoghen, JSC, in Iwueke v. Imo Broadcasting Corporation (2005) NLC-892001(SC) at p. 10; Paras A–B.
"Having come to the conclusion that the decision of the trial court in issue is a final one as opposed to an interlocutory decision as canvassed by learned counsel for the appellant, it follows that the respondent did not need the leave of either the trial court or the Court of Appeal before appealing against same as it is the law that an appellant appeals as of right against the final decision of a court of first instance."
EXPLANATION / SCOPE
Appeal from a final decision of a court of first instance lies as of right without leave. Interlocutory decisions require leave to appeal. The principle applies to appellate practice. The rule distinguishes final from interlocutory orders. Final decisions dispose of the rights of the parties. The classification determines whether leave is required.