Amoah Ababio & Ors V. John Edmund Turkson (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Interlocutory or final judgment.–Test to be applied.

Facts

The defendants were the applicants.

This was an application to vary an order refusing unconditional leave to appeal to the Privy Council on the grounds that the judgment appealed against was an interlocutory one to the extent that the successful plaintiff could not proceed to execution until the trial Court determined the actual amount payable to the applicant.

This Court held that the applicant was entitled to the amount which ought to be paid to him under his claim and it was only left to the Court below to work that out by arithmetical calculation.

Held

A final judgment does not mean the last judgment, but the judgment determining rights finally, such as a preliminary judgment establishing the liability to account and directing accounts to be taken. This Court had decided that the applicant was entitled to an account, and that all the Court below had to do was to ascertain the amount payable.

The judgment was, therefore, a final judgment and unconditional leave to appeal was granted.

Application granted.