STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

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

Reach more audience. Place advert here.

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.

Was this dictum helpful?

SHARE ON

discretion

THE EXERCISE OF DISCRETION IS BASED ON FACTS

In ADIGWE v. FRN (2015) 18 NWLR (pt. 1490) 105 this Court reiterated the point that “the exercise of discretion is not based on mere judgment of the person doing so but upon facts on circumstances necessary for the proper exercise of that discretion”. See also OYEGUN v. NZERIBE (2010) 41 NSCQR 127 at 147....

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WHERE A PARTY HAS SEVERAL OPTIONS, HE COULD USE ANYONE HE WANTS

It is now trite law that where a party is by law given the option or discretion to exercise his right in different ways it is not for an opponent to prescribe the particular form the other party should utilize and where the form adopted by the other party is not what the opponent feels...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

COURTS OF LAW EXERCISE DISCRETION ACCORDING TO RULES OF LAW

Judges and Courts exercise their discretion in accordance with rules of law and justice 42 and not according to private opinion. An exercise of discretion is a liberty or privilege to decide and act in accordance with what is fair and equitable under the peculiar circumstances of the particular case, guided by the spirit and...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

No more related dictum to show.