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COURTS WILL NOT BE SILENT EVEN WHERE THERE IS DISCRETION ON EXECUTIVE

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The decision of the House of Lords in Attorney-General v. De Keyser’s Royal Hotel Limited (1920) A.C. 508 – dealing with the issue of payment of compensation by the Crown to a subject in respect of property requisitioned for the prosecution of the war – established the principle that in the protection of the property of the subject, the Crown was liable to pay compensation to the subject for the acquisition of the property, the exigencies of the war notwithstanding. Even amidst the clash of arms, they said, the courts would not be silent.

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discretion

TRIAL JUDGE DISCRETION FOR LOCUS IN QUO; LOCUS IN QUO

It is clearly at the discretion of the trial Judge to determine whether in the light of the evidence before him, there is need to resolve, by a visit to the locus in quo, the conflict of evidence or clear a doubt as to the accuracy of a piece of evidence when there is such...

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A JUDGE’S DISCRETION: WHAT IS FAIR AND JUST ACCORDING TO THE CIRCUMSTANCE OF THE CASE

I shall, in treating this issue, begin by saying that the line between a proper exercise of judicial discretion and an abuse of that discretion is not readily definable and it may be, that the term “abuse of discretion” means no more than that the decision below fell outside the permissible limits as viewed by...

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POWER TO TRANSFER CASE TO ANOTHER DIVISION IS DISCRETIONARY – FHC

There is no doubt that the starting point with regards to the territorial jurisdiction of the Federal High Court is the statutorily codified and judicially noticed principle that the jurisdiction of the Federal High Court is one and nationwide. It is also however settled that same has been divided into Judicial Divisions and where a...

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EXERCISE OF JUDICIAL DISCRETION IS TO ATTAIN JUSTICE

I would like to add that in the exercise of judicial discretion the primary objective of the court must be to attain substantial justice. Acting judicially imports consideration of the interest of both parties and weighing them in order to arrive at a just and fair decision. See United Spinners Ltd. v. Chartered Bank Ltd....

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DISCRETION OF TRIAL COURT WILL ONLY BE INTERFERED WITH WHERE IT IS ABSURD

In ANYAH v. AFRICAN NEWSPAPER OF NIG. LTD. [1992] NWLR (Pt. 247) Pg.319; (1992) LPELR-511 (SC) Pg.20-21, Paras. G – A the Supreme Court of Nigeria pertinently stated that: “It is not in all cases that an appeal Court will interfere with the exercise of discretion by a trial judge, simply because it did not...

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APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

It needs to be emphasised here that an appellate Court will usually not interfere with an exercise of discretion in its quest to obtain substantial justice except where it is satisfied that the discretion was exercised arbitrarily or illegally or without due regard to all necessary consideration having regard to the circumstances of the particular...

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