The doctrine of precedent (stare decisis) requires courts to follow decisions of higher courts in similar cases. This ensures consistency and predictability in the law.
Judicature Act, Cap 13, Section 14
The East African Court of Appeal explained the operation of stare decisis in the East African legal system.
While an English case, it is studied for the principle that the highest court can depart from its own previous decisions when it appears right to do so.
When conducting legal research, always check whether a case you intend to rely on has been overruled, distinguished, or affirmed by a higher court.
Be clear on the difference between ratio decidendi (binding) and obiter dictum (persuasive). Many students lose marks by failing to identify which part of a judgment creates the precedent.
