“In deciding whether an order is final or interlocutory, this Court has held in the case of Ude and Others v. Agu and Others [1961] All N.L.R. 65, 66 that the test to be applied is one which looks at the order made and not at the nature of the proceedings, thus following the test laid down in the earlier case of Blay v. Solomon 12 W.A.C.A. 175. In short, what we have to determine is whether “the rights of the parties” are finally determined by the order appealed against. In the substantive action the rights of the parties are clearly set out in the writ, reference to which has already been made.”
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