Stare decisis- Intro Flashcards
(19 cards)
Kayode Eso
Adherence to precedence is one of the strongest principle of judicial policy
Ezejiojor
Necessary judicial practice in common law counties
Wright
More common in common law system as opposed to civil system
Growth in England
Judicature Act
Hierarchy of courts
Improvement in lae reporting
Based on .. in Nigeria
Age
Status of court
Unanimous judgment
History of Precedent
Adequacy of law report
Hierarchy is very much needed. Which Secyion
6(5)(a-f)
Advantages
Predictability
Consistency
Removal of personal biases
Disadvantages
Could lead to errors and injustice
Follow per incuriam
Legal development«<
Thompson J said..
A magistrate ciurt is bound by the decision of a high court and has no discretion as to whether it ought to follow the decision
He can’t criticize, if he has any doubt— obiter dictum
Good hart in 1932…
Declared 3 rules
Every court is absolutely bound by the decisions of all courts superior to itself
Remains unchanged post 1932.
Sharia and Customary aren’t necessarily binding cause they don’t follow common law principles…
However, it’s subject to appeal.
Lord Galdene
Apex court is absolutely bound by its own decision
Practice Statement, 1966.
Issued by House of Lords to depart from its judgment.
Adapt..
Per incuriam
Boronik Motors Ltd v. Wema Bank
3 conditions
There’s a breach of Justice
Contravene public policy
Perpetuate injustice
Johnson v. Lawanson
SC isn’t absolutely bound by its previous decisions.
Overruling is permitted…
Abdulkarim v. Incar Nigeria
Court of last resort which isn’t bound by precedent
Overrule stuff to keep the stream of Justice pure
Court of Appeal is probably bound by its own decisions
In civil circumstances
Young v. Bristol Aeroplane - 1944
Three exceptions
-conflicting decisions
- per incuriam
- reversed by the apex court
