Subject Matter Index

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Circumstances under which the Court of Appeal can depart from its previous decision

Circumstances where the Supreme Court may depart from its previous decisions

Effect of failure of a High Court to follow decisions of the Court of Appeal and the Supreme Court

How the Supreme Court should exercise its power to depart from previous decisions

How the Supreme Court's discretion to depart from its previous decision should be exercised

Meaning of stare decisis

Position of the law where there are inconsistent decisions by the highest court in the land

Principles guiding the Supreme Court and Court of Appeal following their previous decisions under the 1992 Constitution

Scope of application of the principle of stare decisis

The authority that will be followed by the court where there is a conflict between statute and a precedent

The principle that foreign decisions are merely persuasive authority

The principle that it is the ratio decidendi that binds a subsequent court

The proper forum for the Supreme Court to depart from its previous decision

The purport of the rule of stare decisis

Whether a pre-1960 decision of the then Court of Appeal binds any court after the Republican Constitution of 1960

Whether a review application is appropriate for inviting the Supreme Court to depart from its previous decision

Whether a successor court is bound by the decided cases of the court to which it succeeded

Whether all courts lower than the Court of Appeal must follow the decisions of the Court of Appeal

Whether courts below the High Court can ignore the pronouncements of the High Court on a matter before them

Whether courts below the Supreme Court are bound by the decision of the Supreme Court

Whether every pronouncement of an appellate or higher court is binding on lower courts

Whether everything said in a decision constitutes binding judicial precedent

Whether it is proper for a lower court to criticise as wrong a binding authority of a higher court

Whether stare decisis is an absolute bar to reconsideration of a prior decision

Whether the Court of Appeal can depart from its decisions

Whether the Court of Appeal is bound by its previous decisions

Whether the Court of Appeal is bound by its previous ruling in an interlocutory matter

Whether the Court of Appeal is bound by the pre-1993 cases

Whether the current Court of Appeal is bound to follow the previous decisions of Courts of Appeal

Whether the doctrine of stare decisis means that the same conclusion will be reached in each case

Whether the fact that the court casts doubt on existing case law or principle amounts to laying down a new law or principle

Whether the High Court is bound to follow the decision of the Court of Appeal reached per incuriam

Whether the High Court or the Supreme Court is bound by the decisions of the West African Court of Appeal

Whether the National House of Chiefs is bound by the decision of the High Court

Whether the rule of stare decisis extends to errors per incuriam

Whether the Supreme Court can be said to be in error when following its previous and unchallenged decision

Whether the Supreme Court can depart from its earlier decision

Whether the Supreme Court is bound by its previous decisions

Whether the Supreme Court is bound by the decision of the courts established before those under the Fourth Republic

Whether the Supreme Court is bound by the decisions of the West African Court of Appeal

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