LEGAL PRINCIPLE: CIVIL PROCEDURE — Case Management — Interlocutory Applications — Duty of Court — Observations Prejudging Main Issue
PRINCIPLE STATEMENT
Care should be taken when a court is hearing an interlocutory application to avoid making any observation in its ruling on that application which might appear to prejudge the main issue in the proceedings relative to the interlocutory application.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC Iweka v. S.C.O.A. (Nigeria) Limited (2000) NLC-2311992(SC) at pp. 4–5; Paras. E–A.
"Care should be taken when a court is hearing an interlocutory application to avoid making any observation in its ruling on that application which might appear to prejudge the main issue in the proceedings relative to the interlocutory application."
EXPLANATION / SCOPE
Courts must exercise caution when ruling on interlocutory applications to avoid expressing views that could pre-judge the substantive issues in the main case. Interlocutory rulings should be confined to the narrow questions raised—such as jurisdiction, preliminary objections, or procedural matters—without delving into the merits. Premature observations risk creating an appearance of bias or pre-determination, potentially compromising the right to fair hearing. Judges must maintain neutrality and reserve substantive findings for trial or final judgment. This principle safeguards judicial impartiality throughout the litigation process.