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The appeal was dismissed because it challenged an interlocutory order, which is not appealable under section 74(2) of the Civil Procedure Code. Additionally, the application for security for costs was misplaced as it arose from probate proceedings, where costs are recoverable from the estate and not from administrators personally.
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The High Court struck out a land appeal as premature, holding that the challenged ruling was interlocutory and therefore not appealable under the applicable regulations.
The order appealed against was interlocutory and did not finally determine the rights of the parties; therefore, the appeal is incompetent and must be struck out.
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The impugned High Court order was interlocutory and did not finally determine the parties' rights; therefore, the appeal is not maintainable under section 5(2)(d) of the Appellate Jurisdiction Act.
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The Court of Appeal struck out NMB Bank’s appeal as incompetent because the High Court ruling on a preliminary objection was interlocutory and not appealable.
The appeal is incompetent as it arises from an interlocutory order (refusal of temporary injunction) which does not finally determine the rights of the parties in the main suit, and is therefore barred by section 74(2) of the Civil Procedure Code.
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The High Court struck out an application for extension of time to seek leave to appeal, holding that the challenged order was interlocutory and not appealable.
The impugned order rejecting admission of voucher lists is interlocutory and does not finally dispose of the rights of the parties; section 6(2) of the Appellate Jurisdiction Act, as struck out by Joseph Steven Gwaza, does not permit the DPP to appeal interlocutory orders; therefore, the appeal is incompetent and must be struck out.
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The High Court struck out a land appeal as incompetent, holding that the tribunal ruling challenged was interlocutory and not appealable under section 74(2) CPC.
A judgment on admission that leaves part of the suit pending for trial is interlocutory and does not finally determine the rights of the parties; therefore, an appeal against such a judgment is incompetent under section 5(2)(d) of the Appellate Jurisdiction Act.
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