COURT- WHAT DOES IT MEAN TO ACT JUDICIALLY AND JUDICIOUSLY?  

 

JBA
 JBA
Joined: 8 months ago
Posts: 54
23/10/2019 11:21 am  

“To act judicially denotes “. . . discretion bounded by the rules and principles of law, and not arbitrary, capricious, or unrestrained. It is not the indulgence of a judicial whim, but the exercise of judicial judgment, based on facts and guided by law, or the equitable decision of what is just and proper under the circumstances”. See Babatunde v. P.A.S. & T.A. Ltd. (2007) 13 NWLR (Pt. 1050) 113, at 149 and 150, Per Muhammad, JSC. On the other hand, “Acting judiciously . . . is said to import the consideration of the interest of both sides and weighing them in order to arrive at a just or fair decision”, see Babatunde v. P.A.S. & T.A. Ltd (supra), at 164, Per Ogbuagu, JSC.”

PER O. F. OGBUINYA, J.C.A. in Dr. Ojor Ayemoba V Mrs Olubunmi Ayemoba  LER[2018]CA/K/382/2016   https://legalpediaonline.com/dr-ojor-ayemoba-v-mrs-olubunmi-ayemoba/


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