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WHILE DETERMINING INTERLOCUTORY DECISION, COURT SHOULD NOT DELVE INTO SUBSTANCE

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Dictum

It is indeed settled law that the court, in determining an interlocutory application or the issue of jurisdiction, should refrain from delving into or determining the issues in controversy in the substantive suit before deciding whether it has jurisdiction to entertain the entire proceeding. See Akinrinmisi v Maersk (Nig) Ltd (2013) 10 NWLR Part 1361 Page 73 at 86 Para A-C per Muntaka Coomassie JSC; James v INEC (2015) 12 NWLR Part 1474 Page 538 at 577 Para C-F per Kekere-Ekun JSC.

— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022

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FAILURE TO MOVE A MOTION

In Esoho v. Asuquo (2007) ALL FWLR (Pt. 359) 1355 at 1370 Paras. C- E (CA), the Court of Appeal stated, “An applicant who fails to move a motion on noticed filed in the course of proceedings up to the delivery of judgment is deemed to have abandoned the purpose which the motion is meant to serve. In effect, both counter – claim … are rendered incompentent. It is the normal practice for a counsel to move a motion on notice before the court seised of the case can entertain it. Failing that, the motion will not be considered on its merits.” Further see the case of OBIOZOR v. NNAMUA (2014) LPELR-23041(CA).

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WHAT IS AN INTERLOCUTORY APPLICATION

An interlocutory application is that application which does not decide the rights of the parties but are made for the purpose of: (a) Keeping things in status quo till the rights of the parties can be decided; (b) Obtaining some direction of the court as to how the cause of action is to be conducted; (c) Determining what is to be done in the progress of the cause of action for the purpose of enabling the court ultimately to decide upon the rights of the parties. Therefore an order of court is interlocutory when it does not deal with the final rights of the parties.

— M.U. Peter-Odili, JSC. Ugo v. Ugo (2007) – CA/A/110/2007

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COURT CANNOT VIA INTERLOCUTORY APPEAL DECIDE POINTS IN MAIN APPEAL

I am inclined to this view because of the settled principle of law that a court cannot, in an interlocutory application, decide an issue in the substantive case or appeal. See Akapor v Hakeem Habeeb (1992) 6 NWLR (Part 249) 266, Victory Merchant Bank Ltd v Pelfaco Ltd (1993) 9 NWLR (Part 317) 340; Amiara v Alo (1995) 7 NWLR (Part 409)623; A.C. B. LTD v Awogboro (1996) 3 NWLR (Part 437) 383.

— F.F. Tabai, JSC. Shinning Star Nig. Ltd. v. AKS Steel Nigeria Ltd. (2011) – SC. 101/2010

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