DECISION OF COURT –...
 
Notifications
Clear all

DECISION OF COURT – WHETHER A COURT OF LAW IS BOUND BY A PRECEDENT IN AN EARLIER DECISION

 

JBA
 JBA
Joined: 2 years ago
Posts: 54
Topic starter  

“My noble Lords, I must place on record, that in the wide domain of discretion, previous decisions are not of much relevance. The reason is not far-fetched. The facts and circumstances of two cases are not always on all fours. A court of law is not, willy-nilly, bound by a precedent in an earlier decision as that will be akin to putting an end to exercise of discretion. It can only use such decisions as guidelines, see Abacha v. State (2002) 5 NWLR (Pt. 761) 638; Bamaiyi v. State (2001) 8 NWLR (Pt. 715) 270; Suleiman v. C.O.P., Plateau State (supra); Babatunde v. P.A.S. & T.A. Ltd. (supra); Oyegun v. Nzeribe (2010) All FWLR (Pt. 542) 1612; Regt. Trustees, P.C.N. v. Etim (2017) 13 NWLR (Pt. 1581) 1.” 

 

PER O. F. OGBUINYA, J.C.A. in Dr. Ojor Ayemoba V Mrs Olubunmi Ayemoba  LER[2018]CA/K/382/2016   https://legalpediaonline.com/dr-ojor-ayemoba-v-mrs-olubunmi-ayemoba/

 


Quote
Share:

Views All Time
Views All Time
348466
Views Today
Views Today
596