Article 187: Required Contents of an Interlocutory Order

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 12142/2558 (2015)

   An interlocutory order must contain at least the date, the legal reasons for it, and the order itself, under Section 187. Where a defendant complains that a committal order failed those requirements and the court refuses to revoke it, that refusal is itself an interlocutory order which does not dispose of the case, so Section 196 bars an appeal against it until judgment or an order on a principal issue. An appellate court that entertains such an appeal acts without power and gives the appellant no right of further appeal. The Supreme Court did not decide whether the order complied with Section 187.

   After the court of first instance found the case had merit and committed it for trial, the first defendant applied to revoke that order as irregular, saying it breached sections 167 and 187 and the Chief Justice's guidance. The court of first instance refused, recording that it had considered the evidence and stated its reasons. The Supreme Court held that the refusal was an order made during the trial which did not dispose of the case, so section 196 barred an appeal against it. The Court of Appeal Region 2 should not have entertained the appeal, and the first defendant therefore had no right of further appeal. The Court of Appeal's judgment was set aside and the further appeal struck out. The Supreme Court did not decide whether the committal order was adequately reasoned.

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