LEGAL PRINCIPLE: EQUITY AND TRUSTS – Trustees – Discretion of Court – Grant of Declaratory Relief to Trustees
PRINCIPLE STATEMENT
It is trite that the grant of a declaration of right is at the discretion of the court but it is a discretion that must be exercised judicially. An appellate court would not, generally question the exercise of discretion of the trial Judge merely because it would have exercised the discretion in a different way if it had been in the position of the trial court. It would however, do so if as a result of such exercise, injustice is meted out to either of the parties or that the trial Judge gave no weight or gave insufficient weight to important considerations.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Owodunni v. Registered Trustees of Celestial Church of Christ (2000) NLC-1261995(SC) at pp. 25–26; Paras D–B.
"It is trite that the grant of a declaration of right is at the discretion of the court but it is a discretion that must be exercised judicially. An appellate court would not, generally question the exercise of discretion of the trial Judge merely because it would have exercised the discretion in a different way if it had been in the position of the trial court. It would however, do so if as a result of such exercise, injustice is meted out to either of the parties or that the trial Judge gave no weight or gave insufficient weight to important considerations."
EXPLANATION / SCOPE
Declaratory relief is discretionary but must be exercised judicially. Appellate courts defer to the trial judge’s discretion, not interfering merely because they would have decided differently. However, intervention is warranted where the exercise caused injustice, or the judge gave no weight or insufficient weight to important considerations. This balance respects trial court discretion while ensuring that discretionary decisions are not arbitrary or unreasonable. The appellate court reviews the reasoning and considerations underlying the exercise of discretion, not the mere outcome.