LEGAL PRINCIPLE: APPELLATE PRACTICE — Leave to Appeal — Appellate Review of Discretionary Decision
PRINCIPLE STATEMENT
This court does not substitute its own discretion for that of the court below in applications like this, unless the court below did not act in good faith or has been swayed by irrelevant considerations or acted arbitrarily or capriciously or under a misconception of law or misapprehension of fact.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Williams v. Mokwe & Anor (2005) NLC-1952000(SC) at p. 15; Paras D–E.
"And this court does not substitute its own discretion for that of the court below in applications like this, unless the court below did not act in good faith or has been swayed by irrelevant considerations or acted arbitrarily or capriciously or under a misconception of law or misapprehension of fact."
EXPLANATION / SCOPE
Appellate courts defer to lower courts’ discretionary decisions. Interference requires bad faith, irrelevant considerations, arbitrariness, or legal/factual misconception. The principle applies to appellate practice. The rule prevents substitution of appellate discretion for trial discretion. The appellant must demonstrate clear error.