Civil Procedure - appeals - appeals by case stated - appeal on point of
law - trial judge may state case for opinion of appeal court at any stage
of proceedings provided that answer will finally decide issue. The West
African Court of Appeal (Civil Cases) Ordinance, 1929, s.4 gives a trial
judge the right to state a case on a question of law for the opinion of the
Court of Appeal at any stage of the proceedings, whether or not he has
proceeded to judgment or reached a decision (per Kingdon, C.J. at
page 421, lines 19-29; Yates, J. concurring at page 421, line 36-page
422, line 25; Macquarrie, J. dissenting at page 423, lines 14-26) provided
that the Court of Appeal's answer will finally decide the issue, since the
object of procedure by way of case stated is to ensure the finality of a
decision.