Interlocutory Applications and Orders in Civil Litigation

A set of flashcards covering the meaning, nature, scope, and specific examples of interlocutory applications as discussed in civil litigation.

What is the definition of an interlocutory application?

Applications made to the court while an action is pending that are tied to a suit and result in an order other than a final decision.

When can interlocutory applications be made during a legal process?

They can be made during or after trial.

In which case did the court differentiate between interlocutory process and originating process?

International Finance Corporation versus DSNL Offshore Limited.

According to the court, how is an interlocutory process brought and what is its nature?

It is brought by way of motion and is always provisional, interim, temporary, and therefore not final.

What is the intention of an interlocutory relief?

To have something intervening between the commencement and end of a suit that decides some point or matter.

Who are the parties involved in an interlocutory application?

The applicant and the respondent.

How can an interlocutory application be used regarding defects in a pending suit?

It can be used to remedy some defects, such as a change of name on documents that have already been filed.

In what scenarios is an interlocutory application considered a condition precedent to the commencement of a substantive action?

In applications for leave to issue a writ especially when served out of jurisdiction, and under ex parte application for judicial review.

How can an interlocutory application be used as a tool against a substantive suit?

It can be an effective tool in stopping or killing a substantive suit, such as filing for withdrawal or asking for a motion on notice to be struck out.

What type of application is used when an applicant has run out of time required by the rules?

An interlocutory application for extension of time (motion for extension of time).

Which 2011 case is cited regarding the use of interlocutory applications to remedy delays?

Oboro against Uduhwan 2011.

List at least five specific examples of interlocutory applications mentioned in the notes.

1. Application for extension of time to file court processes. 2. Application for amendment of statement of claim. 3. Application for substituted service. 4. Application for joinder of parties. 5. Application for summary judgment.

What is the purpose of an interlocutory injunction in a land matter?

To stop someone from doing something, such as bringing equipment onto land, while the suit is pending to prevent damage.