LEGAL PRINCIPLE: APPELLATE PRACTICE — Interference with Discretion — When Appellate Court May Interfere
PRINCIPLE STATEMENT
Where the trial court based its exercise of discretion on matters extraneous to the issues before it, or failed to take relevant facts into consideration, the exercise of discretion will not be bona fide and the appellate court will be entitled to interfere.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ohwovoriole v. FRN & Ors (2003) NLC-3922001(SC) at pp. 10–11; Paras D–A.
"Where the trial court based its exercise of the discretion on matters extraneous to the issues before him, or failed to take relevant facts into consideration, the exercise of the discretion will not be bona fide and this court will be entitled to interfere."
EXPLANATION / SCOPE
Appellate courts may interfere with discretion exercised on wrong principles. The principle applies to all discretionary decisions. The trial court must consider relevant factors. The rule ensures proper exercise of discretion. The appellant must show error. The principle is well-established.