LEGAL PRINCIPLE: CIVIL PROCEDURE — Adjournment — Discretion to Refuse Adjournment Must Be Exercised Judicially and Judiciously
PRINCIPLE STATEMENT
Adjournments are not obtained as a matter of course. They may be granted or refused at the discretion of the court. The exercise of such discretion, however, is a judicial act which must be premised on well-established legal principles.
RATIO DECIDENDI (SOURCE)
Per Akintan, JSC, in Alsthom S. A. & Anor v. Saraki (2005) NLC-1201996(SC) at p. 19; Paras D–E.
"It is settled law that adjournments of cases fixed for hearing are not obtained as a matter of course. They may be granted or refused at the discretion of the court. The exercise of such discretion, however, is a judicial act which must be premised on well established legal principles."
EXPLANATION / SCOPE
Refusal of adjournment is discretionary but must be exercised judicially, not arbitrarily. Judicial discretion requires consideration of relevant factors and fairness to both parties. The principle applies to civil procedure. The rule prevents arbitrary denial of adjournments that prejudice a party’s right to be heard. The appellate court may interfere if discretion was exercised improperly or caused injustice. Each case depends on its circumstances.
