DOTSE JSC:
The issue which calls for determination in this appeal as a preliminary point is whether the appeal lodged by the SSNIT, the Defendant/Appellant/Applicant/Appellant hereafter referred to as the Defendant against the decision of the Court of Appeal dated 3rd May, 2011 as it were in favour of the Plaintiff/Respondent/Respondent/Respondent hereafter referred to as the Plaintiff is interlocutory or final.
In this respect, I cannot but refer to the majority decision of this Court in the case of Opoku and others v. Axes Co. Ltd [2011] I SCGLR 50, holding 2 where the majority Date-Bah, Baffoe-Bonnie and Aryeetey JJSC stated as follows:-
“The common law, over the years, had recognized two alternative tests or divergent views in determining whether an order was final or interlocutory. The first test, called the “nature of the order approach”) Lord Alverstone CJ test), was whether or not the order as made had disposed of the rights of the parties; if it did, it was final; if it did not,…