UNIT 4

INTERLOCUTORY APPLICATIONS

Interlocutory applications are motions or applications made during the pendency of a civil suit, seeking orders or reliefs that do not finally determine the case. These applications are crucial for managing the proceedings and ensuring justice is served before the final judgment. They can be made at any stage of the litigation process, and the court's decision on these applications usually affects the course of the main suit. See the case of Kotoye v. CBN (1989) 1 NWLR (Pt. 98) 419 where the supreme court laid down the principles guiding the grant of interlocutory injunctions in Nigeria. The types of interlocutory applications are;

1. Motion for interlocutory injunction: An interlocutory injunction is an order restraining a party from doing a specific act pending the determination of the substantive suit. It aims to preserve the status quo and prevent irreparable harm before the final judgment. To grant an interlocutory injunction, the court typically considers the following factors:
   
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   1. Existence of a legal right: The applicant must show that there is a serious issue to be tried.
   2. Balance of convenience: The court will consider whether the balance of convenience favors granting the injunction.
   3. Irreparable damage: The applicant must demonstrate that they will suffer irreparable harm that cannot be adequately compensated by damages if the injunction is not granted.
   4. Undertaking as to damages: The applicant must give an undertaking to compensate the respondent if it is later found that the injunction was wrongly granted.
2. Motion for interim injunction: An interim injunction is similar to an interlocutory injunction but is granted for a shorter period, usually to maintain the status quo until a specified date or until the hearing of an interlocutory application.
3. Motion for stay of proceedings: This application seeks to halt the ongoing proceedings temporarily. It is usually made when a party wants to challenge the jurisdiction of the court, or there is a pending appeal that may affect the outcome of the case. See the case of Okafor v. A.G., Anambra State (1991) 6 NWLR (Pt. 200) 659 where the court emphasized that a stay of proceedings is a discretionary remedy and must be exercised judiciously and judicially.
4. Motion for stay of execution: This application is filed to prevent the enforcement of a court's judgment pending the outcome of an appeal. It ensures that the appellant’s rights are protected if the judgment is eventually overturned on appeal. See the case of SPDC v. Owhondah (1996) 4 NWLR (Pt. 445) 657 where the court held that the purpose of a stay of execution is to preserve the res, ensuring that the subject matter of the litigation is not destroyed before the appeal is determined.
5. Motion for amendment of pleadings: An application to amend pleadings allows a party to correct, modify, or add to their pleadings. Amendments can be sought to ensure that the real issues in dispute are brought before the court for determination. See order 26 of the high court of Lagos state civil procedure rules 2019 which provides for the amendment of pleadings and the case of Adekeye v. Akin-Olugbade (1987) 3 NWLR (Pt. 60) 214 where the court stated that amendments should be freely allowed unless they would cause injustice to the other party.
6. Motion for summary judgement: This application is made when the applicant believes that there is no defense to the claim and that the case can be decided summarily without a full trial. See order 11 of the high court of Lagos state civil procedure rules 2019 which deals with summary judgment procedures and the case of F.M.G. v. Sani (1990) 4 NWLR (Pt. 147) 688 where the court emphasized that summary judgment is appropriate when the defendant has no real prospect of successfully defending the claim.
7. Motion to dismiss or strike out a case: This application can be filed to dismiss or strike out a case or a part of it on various grounds, such as lack of jurisdiction, abuse of court process, or failure to disclose a reasonable cause of action. See the case of Madukolu v. Nkemdilim (1962) 2 SCNLR 341 where the supreme court outlined the conditions under which a court may dismiss or strike out a case for want of jurisdiction.
8. Motion for extension of time: An application for the extension of time can be made when a party needs more time to take a procedural step, such as filing a defense or serving a process. See order 45 rule 4 of the federal high court civil procedure rules 2019 which allows the court to extend the time for doing any act or taking any step in the proceedings and the case of Nwakama v. Maduku (1993) 2 NWLR (Pt. 276) 118 where the court held that the power to extend time is discretionary and must be exercised based on the facts of the case.

PROCEDURE FOR FILING INTERLOCUTORY APPLICATIONS

1. Filing a motion on notice: Interlocutory applications are usually brought by a motion on notice, which must be supported by an affidavit and a written address. The motion is served on the opposing party, who has the opportunity to respond.
2. Service of the motion: The motion on notice must be served on all parties involved in the suit. Proper service is essential to ensure that the opposing party is aware of the application and can prepare a response.
3. Hearing of the motion: The court sets a date for hearing the motion. During the hearing, both parties present their arguments, and the court may either grant or refuse the application.
4. Delivery of ruling: After hearing the arguments, the court delivers its ruling. The ruling on an interlocutory application is binding and must be complied with unless set aside on appeal.

APPEALS AGAINST INTERLOCUTORY RULINGS

Interlocutory rulings can be appealed, but such appeals usually require the leave of court. The appeal must be filed within 14 days from the date of the ruling. See section 24 of the court of appeal act and the case of Ojukwu v. Governor of Lagos state (1986) 3 NWLR (Pt. 26) 39, the supreme court held that interlocutory appeals are an integral part of the judicial process, provided they are properly grounded in law.

CONCLUSION

Interlocutory applications play a vital role in civil litigation, ensuring that justice is served throughout the proceedings and that the rights of the parties are protected. Understanding the different types of interlocutory applications and the procedure for filing them is crucial for effective legal practice. These applications, when properly utilized, can significantly influence the outcome of a case, even before the final judgment is delivered.