Tuesday, 8 November 2016

Judicial precidence

The doctrine of judicial precedent also known as stare decisis is that the decision of a judge or a court binds the court and the lower court. Stare decisis simply means let the decision stand which means that the decisions of superior court would be binding on inferior courts as of right. Thus where a superior court decides on a subject matter and a similar fact is brought to an inferior court,that inferior court is bound to follow the decision of the superior court on the matter. Young v bristol aeroplane.
    A lower court is bound to follow the decision of a higher court even though such decision was reached per incuriam. In Board of custom and excise v. Bolarimwa, Thompson J  stated as follows. A magistrate in bound by a high court  decision and has no discretion as to whether it  ought to follow the decision or not. If the high court decision it is not within its jurisdiction to condemn a decision of the high court. If he has any doubt,he may express it but on ly as an obiter dictum.

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