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See Also:
- APPEAL - Interference With The Exercise of Discretion - Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court
"For this Court to interfere, the circumstance must be such that the findings of fact are patently erroneous and it would be travesty of justice to allow the findings to…
- APPEAL - Interference with the Exercise of Discretion - Circumstance where an appellate Court will not interfere with the exercise of discretion by a lower Court
"It is settled that if a judge's discretion has not been exercised recklessly, arbitrarily or capriciously but judicially, a court of appeal would not disturb it because perhaps it would…
- APPEAL - Interference With The Exercise of Discretion - Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court
"The Supreme Court has repeatedly pointed out that it will interfere only where not to do so will occasion a substantial miscarriage of justice. Akpene v. Barclays Bank of Nigeria…
- APPEAL - Interference with the Exercise of Discretion - Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court
"Thus an appeal Court may interfere with the exercise of judicial discretion if it is shown that there has been a wrongful exercise of the discretion such as where the…
- APPEAL: Exercise of Discretion - Circumstances in which the appellate court will interfere with the exercise of discretion made by a trial court
"It is well settled that if judicial discretion has been exercised bonafide uninfluenced by irrelevant considerations and not arbitrarily or illegally by the lower Court, an appeal Court will not…