LEGAL PRINCIPLE: CIVIL PROCEDURE – Interlocutory Applications – Discretion Must Be Exercised Judicially and Judiciously
PRINCIPLE STATEMENT
The grant or refusal of an interlocutory injunction is in the absolute discretion of the court, which discretion, like all judicial discretions, must be exercised judiciously, having regard to all the facts and circumstances of each case.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Falomo v. Banigbe (1998) NLC-1271995(SC) at p. 12; Paras A–C.
"[T]he grant or refusal of an order of interlocutory injunction is in the absolute discretion of the court, which discretion, however, like all other judicial discretions, must be exercised judiciously, having regard to all the facts and circumstances of each and every case."
EXPLANATION / SCOPE
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 judge must give reasons for the exercise of discretion. The principle promotes consistency and fairness. The court must balance the interests of both parties. The appellate court will not substitute its own discretion.