In my view, it is trite law that judicial discretion must always be exercised judiciously. The exercise of discretion is therefore fettered where the decision-maker acts perversely or unreasonably on the face of the evidence. This is because it cannot be assumed that a grant of discretion is an invitation to act on personal preference or prejudice. The law, as I understand it, is that discretion must, in every instance, be exercised judicially, in accordance with the objectives and standards of the law and the applicable legislation.
VIDA YEBOAH VRS DR. STEPHEN YEBOAH AND MERCY AGYEIWAA CIVIL APPEAL NO. J4/7/2026 [2026] SLR (SC) 31 · Supreme Court · 2026 · ACKAAH-BOAFO JSC
Read it in the judgment