LEGAL PRINCIPLE: CIVIL PROCEDURE — Exercise of Judicial Discretion — Relevant Considerations — Economic Situation and Case History
PRINCIPLE STATEMENT
A trial court may consider the economic situation and the history of the case when exercising its discretion, and such considerations indicate that the discretion was exercised judicially.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Josiah Cornelius Ltd & Ors v. Ezenwa (2002) NLC-952000(SC) at p. 11; Paras B–C.
"It was after considering these submissions of counsel that the learned trial Judge came to the conclusion that he would grant parties respective prayers 'subject to modifications'. This therefore appears to me very clearly that having regard to all what I said above, there are sufficient materials before the learned trial Judge to say that he exercised his discretion judiciously and judicially, in making the orders which he made."
EXPLANATION / SCOPE
The trial court may consider the economic situation and case history when exercising discretion. These are relevant factors. The court must act judicially and judiciously. The principle allows the trial court to adapt to circumstances. The appellate court will respect such considerations if they are reasonable. The rule applies to case management and substantive orders. The trial court is better placed to assess local conditions. The court may consider the ability of parties to comply with orders. The principle promotes practical justice. The appellate court will not interfere if the discretion was exercised on proper grounds.
