ABDULAI MAHAMADU AND NAA SULE ALHASSAN vs. KAMPA KUYA NAA AND KPAN-NAA BAWAH MAHAMADU

YEBOAH, JSC:- This appeal raises a procedural issue which has on regular basis plagued appellate courts in common law jurisdictions for centuries. It is the issue of whether an order/judgment is interlocutory or final in nature. To appreciate the reasons for this judgment a brief account of the facts culminating in this appeal will suffice. The plaintiff/respondent/respondent, who, for sake of brevity shall be referred to as the respondent issued a writ of summons at the High Court, Tamale on 26/07/12 for the following reliefs: a. A declaration that as a former Ya-Na of the Dagbon Traditional Area, the late Ya-Na Mahamadu Abdulai IV is entitled to be accorded full funeral rites in accordance with Dagbon Constitution and Customary practice. b. An order compelling the 1st defendant as the Regent of Dagbon and their elders to perform or cause to be performed the funeral rites of the late Ya-Na Mahamadu Abudulai IV. The defendants/appellants/appellants who shall (henceforth be...