ETIM JEREMIAH AKPAN V. THE REGISTERED TRUSTEES OF QUA IBOE CHURCH OF NIGERIA & ORS
June 24, 2025BANK OF THE NORTH LTD. V BALA YAU
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 81113
In the Supreme Court of Nigeria
Fri May 11, 2001
Suit Number: SC. 84/1996.
CORAM
OKAY ACHIKE, JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT.
PARTIES
CHARLES DELE IGUNBOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal is against the decision of the Court of Appeal which set aside the decision of the trial court to grant a joinder of the appellants in a probate matter, as same was not commenced by due process of law; Same having being commenced by a motion on notice rather than a writ of summons.
HELD
In affirming the decision of the Court of Appeal, the Supreme Court held as follows:The court held that it was a probate matter as opposed to a probate action requiring a writ of summons to initiate. That since it was a matter, within the contemplation of the Rules of court, the appellant was right in commencing by way of motion.In holding that the ruling of the trial court in granting the application of the appellant, it stated that it determined the rights as between the parties as such was a final decision for which leave of court was not necessary to obtain before an appeal can be lodged at the appellate court.
ISSUES
1. Whether the application before the High Court No.3, Ibadan dated 8th day of August, 1988 was a probate matter or a Probate Action.2. Whether or not the appeal before the Court of Appeal was competent.
RATIONES DECIDENDI
DISTINCTION BETWEEN FINAL ORDER AND INTERLOCUTORY ORDER
“A final order or judgment at law is one which brings to an end the rights of the parties in the action. It disposes of the subject matter of the controversy or determines the litigation as to all parties on the merits. On the other hand an interlocutory order or judgment is one given in the process of the action or cause, which is only intermediate and does not finally determine the rights of the parties in the action. ….However, where the order made finally determines the rights of the parties, as to the particular issue disputed, it is a final order even if arising from an interlocutory application”. {A.G. KARIBI-WHYTE, JSC}
CASES CITED
1. U.B.A. Plc v. Akinsanya (1986) 7 SC.2332. Ude v. Agu (1961) 1 SCNLR. 983. Ojora v. Odunsi (1964) NMLR.12.4. Western Steel Works Ltd. v. Iron and Steel Workers Union of Nigeria (1986) 6 SC. 35; (1986) 3 NWLR (Pt.30) 617
STATUTES REFERRED TO
1. High Court (Civil Procedure) Rules, 1978 of Oyo State2. The Administration of Estates Laws Cap. 1 Laws of Oyo State3. The Constitution of the Federal Republic of Nigeria, 1979.
