Principle

CIVIL PROCEDURE – Interlocutory Applications – Discretion Must Be Exercised Judicially and Judiciously

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Judicial discretion must be exercised judiciously, not arbitrarily. The court must consider all relevant facts. The principle applies to all discretionary decisions. The appellate court will not interfere unless the discretion was exercised on wrong principles. The rule requires the court to act reasonably. The…

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