This case has been cited 1 times or more.
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2004-12-22 |
TINGA, J, |
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| However, not every mistake by a judge in the application of the law is vulnerable to an attack for gross ignorance of the law. A caveat was laid down by this Court that for liability to attach for ignorance of the law, the assailed order, decision or actuation of the judge in the performance of official duties must not only be found to be erroneous but, most importantly, it must be established that he was moved by bad faith, dishonesty, hatred or some other like motive.[39] Similarly, a judge will be held administratively liable for rendering an unjust judgment one which is contrary to law or jurisprudence or is not supported by evidence when he acts in bad faith, malice, revenge or some other similar motive.[40] In other words, in order to hold a judge liable for knowingly rendering an unjust judgment, it must be shown beyond reasonable doubt that the judgment is and that it was made with a conscious and deliberate intent to do an injustice.[41] In fine, bad faith is the ground for liability in either or both offenses.[42] | |||||