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WHETHER THE WRIT OF MANDAMUS IS DISCRETIONARY OR NOT

Dictum

As a general rule the making of the order of mandamus is a matter of the discretion of the court. In Commissioner for Local Government Lands and Settlement v. Kadarbhai (1931) A.C. 652 at 660, Lord Atkin aptly stated the general rule thus: The writ of Mandamus, which is a high prerogative writ, is of the greatest value in maintaining the law, but it is discretionary. It has, however, been held in the King v. Bishop of Sarum (1916) 1 K.B. 466 that where the right the application seeks to enforce is the performance of public duties, which cannot be secured at all if a mandamus is refused, and the duties are only ministerial, the issue of the writ is not discretionary.

– M. Bello, JSC. Lasisi v. Registrar OC (1976) – SC.301/1975

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