Le Mesurier vs Le Mesurier – clr volume 2 page 021

In the case between the wife (Plaintiff) and her husband (Defendant), the court addressed the issue of whether an order by the district court fixing the hearing date for trial constitutes an appealable order under section 75 of the Courts Ordinance, 1889. It was determined that such an order is not appealable, as it represents a discretionary procedural direction rather than a final order resolving substantive rights. This interpretation reaffirmed the principle distinguishing between interlocutory and final orders for appeal purposes, relying on the language and structure of the Courts Ordinance, 1889. The determination emphasized that procedural scheduling decisions are not subject to immediate appeal, upholding judicial efficiency and finality in interim matters.

Clarence J. — The fin