LEGAL PRINCIPLE: CIVIL PROCEDURE – Interpleader Proceedings – Test for Determining Whether a Decision Is Final or Interlocutory
PRINCIPLE STATEMENT
In deciding whether an order is final or interlocutory, the test looks at the decision or order made, not at the nature of the proceedings. The determinant factor is whether the rights of the parties are finally determined or disposed of by the decision appealed against.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Olatunde v. Obafemi Awolowo University (1998) NLC-441993(SC) at p. 6; Paras C–D.
"In deciding whether an order is final or interlocutory, the test to be applied is one which looks at the decision or order made—and not at the nature of the proceedings... The determinant factor is whether the rights of the parties are finally determined or disposed of by the decision or order appealed against."
EXPLANATION / SCOPE
The nature of the order determines whether it is final or interlocutory. The test focuses on whether rights are finally determined. The principle applies to appeals. The court examines the effect of the order. The rule determines the right of appeal. The classification affects the time for appeal. The principle promotes clarity.