ELESO M.A. VS THE GOVERNMENT OF OGUN STATE & ORS
July 16, 2025ABIBATU FOLAMI & ORS VS FLORA COLE & ORS
July 16, 2025Legalpedia Citation: (1990-04) Legalpedia 89430 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Apr 6, 1990
Suit Number: SC 42/1989
CORAM
A.O. OBASEKI, JUSTICE SUPREME COURT
K. ESO JUSTICE SUPREME COURT
S.M.A. BELGORE, JUSTICE SUPREME COURT
P. NNAEMEKA-AGU, JUSTICE SUPREME COURT
A.B. WALI, JUSTICE SUPREME COURT
PARTIES
ALHAJI SULAIMAN MOHAMMED
APPELLANTS
LASISI SANUSI OLAWUNMI
RESPONDENTS
AREA(S) OF LAW
APPEAL – FINAL AND INTERLOCUTORY DECISION-LEAVE TO APPEAL- PRACTICE AND PROCEDURE- 1979 CONSTITUTION
SUMMARY OF FACTS
The respondents were convicted for contempt of court but the sentence was suspended for 14 days for them to purge themselves of the contempt. The trial court granted them leave to appeal.
HELD
The court held that the trial had no power to grant leave to appeal and that the order of contempt was not final but interlocutory for which leave is required to appeal.
ISSUES
1. Is the order made by Fernandez, J., on 21st September 1988 a final or interlocutory order.
2. How does the application of S.220 (1)(g)(i) & (ii) of the 1979 Constitution affect right of Respondents to appeal as of right or with leave.
3. With regard to the order of the Court made on 30th June, 1988 and the subsequent order made on 13th September, should the appeal against the first order be struck out
RATIONES DECIDENDI
EXPIRATION OF TIME WITHIN WHICH TO APPLY FOR LEAVE
‘But as the time in which to apply for the leave had expired, the High Court had no jurisdiction to grant the extension of time to apply for leave’. per Obaseki J.S.C
DISTINGUISHING BETWEEN AN INTERLOCUTORY AND A FINAL JUDGEMENT
‘In determining whether a judgment is interlocutory or final, the nature of the order made should be adhered to at all times’. Per Eso J.S.C
CASES CITED
Russell V. Russell reported in (1987) 2 N.W.L.R. (Pt.57) at page 437 at page 441
W.A. Omonuwa v. Oshodin & Anor. (1985)2 SC 1; (1985)2 NWLR (Pt.10) 924 SC.
Akinsanya v. U.B.A. Ltd. (1986) 4 NWLR (Pt.35) 273
STATUTES REFERRED TO
The Court of Appeal Rules
The Constitution of the Federal Republic of Nigeria 1979
