ASCA BITUMEN COMPANY LIMITED V. HARUNA ISAH

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): I tagged this determination Decision by virtue of the provisions of Section 294(2)-(4) and Section 318(1) of the Constitution which defines a decision to means, in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence or recommendation. Neither is a Ruling or the expression interlocutory ruling or interlocutory decisions included in the word decision under Section 318(1) of the Constitution (supra). What the framers of the Constitution omitted should not be provided by trial Judges (Section 294(1)) or Justices of the Supreme Court or the Court of Appeal (Section 294(2)-(4) of the Constitution (supra). In Jurisprudence, 4th edition by R.W.M. Diaz appears the following passage at page 197:

Willes, C.J. once said, When the nature of things changes, the rules of law must change too. This is a truism in that the legislature and within limits, the Courts should change rules to …