A short note on the distinction between final and judgments.
Sometimes judgments entered may be final or interlocutory and in other cases partly final and partly interlocutory.
To determine any one of them depends on the purpose for which it is required.
Logically a judgment which finally disposes the right of the parties is final and can only be appealed at a high court. It can be enforced on the day it is entered.
An interlocutory judgment does not disposed the rights of the parties as was held by the Sierra Leone Supreme Court in the case of Zachariah v Morowah App. 2/87 1987 also in the case of Kabba v Young 1937 – 49 ALR SL 245 Kingdom CJ held that it does not determine the rights of the parties but gives direction for the working out of those rights one step still remaining to perfects judgment. As was held in the case of J.T Chanrai & Co (SL) LTD v Palmer 1970 – 71 ALR SL 391 CA an application to set aside must first be made to the judge who tried the case not the court of appeal. There not be a full trial for there to be a judgment. It also requires some further step before it being entered or before it is enforced (e.g assessment of damages) However, in practice it depends on the purpose. Thus in an appeal from is regarded as interlocutory. Also an order on an application for retrial is interlocutory because if the application is granted, the proceedings will continue. Note that it was held in the case of Yemen Co. Ltd v Wilkins 1950 – 56 ALR SL 377 that when going for it must be in strict compliance with rules of procedure.
The types of Interlocutory judgments are as follows Default of Appearance – Order 13 Summary Judgment – Order 16 Disposal of cases on points of Law – Order 17 Default of Pleadings – Order 22 Security for Costs – Order 26 , Interim and Preservation of Property – Order 35 Consent Judgment Lord Fry L.J. in RE RIDDEL 1888 20 QBS P.517 said: “Nothing can be a final judgment or order by which there is not a final and conclusive adjudication between the parties of the matter in controversy in the action "