Interlocutory Applications

Definition and Nature

Interlocutory applications are applications made to the court while an action is proceeding. They are interim or temporary, not final, and tied to a substantive suit. They may be made during or after trial and become necessary due to the occurrence (or threatened occurrence) of an event while substantive proceedings are pending.

Designation of parties: Applicant / Respondent.

Uses of Interlocutory Applications

1. To remedy defects in a pending suit;
2. As a condition precedent to proper commencement (e.g. leave to issue a writ for service out of jurisdiction, or ex parte applications for judicial review);
3. To seek temporary or additional reliefs beyond those in the substantive claim;
4. An effective tool in stopping or killing a substantive suit;
5. To remedy delay when applicant has run out of time;
6. To assist parties in orderly presentation and securing speedy judgment.

Examples of Interlocutory Applications

1. Order at pre-trial on order of hearing of the case;
2. Application for extension of time to file court process;
3. Application for amendment of statement of claim;
4. Application for substituted service;
5. Application for order to produce;
6. Application for joinder of parties;
7. Application for striking out a suit;
8. Application for summary judgment;
9. Application for default judgment;
10. Application for setting aside a default judgment.