GABRIEL FASHOYIN OYEDELE VS SANNI AYINLA & ORS
August 16, 2025SGABRIEL FASHOYIN OYEDELE VS SANNI AYINLA & ORS
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 35111
In the Supreme Court of Nigeria
Fri Dec 1, 1972
Suit Number: SC. 198/72
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
SALAMI OLUFODUN & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This case arose as an appeal against the order of the Western state Court of Appeal, setting aside the committal order for contempt made against the (defendants) by the High Court Ijebu – Ode for flouting its order. The said order was made without allowing the appellants to argue its appeal.
HELD
The court held that even though the counsel for the respondent was called to answer certain questions on some points assumed to be crucial to the case, it was wrong for the court to proceed to judgment without allowing the appellant argue its appeal.
ISSUES
Whether the order refusing to commit the appellants after finding them in breach of the order of Court and consequently in contempt of court, coupled with the order for costs against them, was a final order or not.
RATIONES DECIDENDI
DETERMINING WHETHER AN ORDER IS INTERLOCUTORY OR FINAL
In determining whether an order made by a court is interlocutory or final , the test is to look at the nature of the order made and not the nature of the proceedings. PER ELIAS CJN
BASIS TO SET ASIDE AN APPEAL
the higher court will set aside the decision of an appeal court, where an appellate court did not allow the appellant argue the appeal but proceeded to judgment merely by putting some questions assumed to be crucial to the counsel for the respondent. PER ELIAS CJN
CASES CITED
Amusa Tijani Popoola v. Pan African Gas Distribution & 2 Others (S.C. 255/72)
Udo and Others v. Agu and Others
STATUTES REFERRED TO
