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WHAT IS AN INTERLOCUTORY DECISION

Dictum

Omonuwa v. Oshodin & Anor (1985) 2 NWLR (Pt. 10) 924: “There is clearly no doubt that the principle established in all the above cited cases is that where the decision of the court does not finally determine the issue or issues between the parties or does not at once affect the status of the parties for whichever side the decisions is given, it is interlocutory.”

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WHERE NO APPEAL ON A DECISION THE DECISION REMAINS BINDING

Where a party, be it an Appellant or Respondent does not appeal against a finding or an order of Court, by way of a ground of appeal, a cross-appeal or a Respondent’s notice, that order or finding is binding and acceptable to it. The Respondent herein has not appealed against the order made to introduce...

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DECISION OF THE SUPREME COURT IS FINAL

In FBN Plc v. TSA Ind. Ltd (2012) LPELR 4714 SC, this Court stated as follows: “There is no doubt that this Court does not have the power or competence or jurisdiction to consider an application to review its judgment once delivered. The Supreme Court being the final Court of Justice of Nigeria, its decision...

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DECISION OF COURT SHOULD BE READ IN WHOLE

Now, it is abecedarian law that the decision of a Court is not to be read in convenient instalments. The decision must be read as a whole in order to appreciate the ratio decidendi in the case. – Ogakwu, J.C.A Fijabi v. FBN (2021) Was this dictum helpful? Yes 0 No 0...

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DELIBERATE DECISION TAKING BY COUNSEL FOR CLIENT IS BINDING

Supreme Court made this very clear in Akanbi v Alao (1989) 3 NWLR (Pt.108) 143, Per Eso JSC as follows: – “I think it would be extending Ibodo v Enarofia case beyond reason if every considered or assumed considered professional decision of a counsel which has gone wrong should qualify as ground of appeal. We...

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DECISION OF THE TRIAL COURT IS PERVERSE IF IT DOES NOT FLOW FROM THE ESTABLISHED FACTS

C.S.S Book Shop Ltd. v. The Regd. Trustees of Muslim Community in Rivers State (2006) 4 SCM 310 “A decision of a Court is perverse when it ignores the facts or evidence adduced and admitted before it and when considered as a whole amount to miscarriage of justice. In such a case, an appellate Court is bound to interfere with such a decision and to set it aside.”

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MATTERS TO BE DECIDED AT SUBSTANTIVE CASE SHOULD NOT BE COMMENTED ON AT THE PRELIMINARY

The law is settled that a court should not comment or decide at preliminary stage matters or issues which are supposed to be decided in the substantive case. See NWANKWO & ORS V YAR’ADUA & ORS (2010) LPELR-2109 (SC) at page 71 paras B-F per Coomassie JSC; and OCHOLI ENOJO JAMES, SAN V INEC & ORS (2015) LPELR-24494 (SC) at pg.92 para G, per Okoro JSC.

— K.M. Akano, J. Edeoga v Mbah (2023) – EPT/EN/GOV/01/2023

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