Subject Matter Index

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Advantages of stare decisis

Attitude of the Supreme Court to overruling its decisions

Circumstances in which the Supreme Court may depart from or overrule its previous decisions

Circumstances under which a court can depart from its earlier decision

Circumstances under which a court can overrule its earlier decision

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

Circumstances under which the Supreme Court can overrule itself

Circumstances where the Supreme Court may depart from its previous decisions

Condition for the applicability of stare decisis

Conditions to be satisfied for a court to overrule its earlier decision

Distinction between stare decisis and estoppel per rem judicata

Distinguishing one case from another

2 subsidiary principles

Effect of failure to apply the stare decisis doctrine

Exception to the doctrine of stare decisis

How legal principles in decided authorities should be applied

Meaning and nature of stare decisis

Meaning of stare decisis

Need for precedents to be followed

Position of the law where the court is asked to apply a legislation to ascertained facts

Position of the law where there are two conflicting decisions of a superior court

Position of the law where there are two conflicting decisions of the Supreme Court

Power of a court to distinguish a decision of a superior court to the case at hand

Principles that the Supreme Court will consider before overruling its previous decisions

Scope of application of the principle of stare decisis

The advantages or import of stare decisis

The benefits of following previous decisions

The binding nature of decisions of the Supreme Court

The mandatoriness of the rule of stare decisis

The paramountcy of decisions of the Supreme Court in relation to courts below

The position of the law on which of two conflicting judgments of the Supreme Court binds the Court of Appeal

The position of the law on which of two conflicting judgments of the Supreme Court should be followed where there is no discernible ratio decidendi

The position of the law where the Supreme Court departs from its earlier decision

The position of the law where there are two inconsistent judgments of a Court with respect to the same case

The power of the Supreme court to overrule its previous decision

The principle that a court is bound by its decision

The principle that cases are judicial authorities only in respect of issues determined

The principle that foreign decisions are merely persuasive authority

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

The principle that the doctrine of stare decisis applies only in respect of cases with the same facts and/or issues

The principles governing departure of the Supreme Court from its previous decisions

The purport of the rule of stare decisis

The rule that a case is only an authority for the facts before it and similar facts arising from subsequent cases as precedent

The rule that a case is only authority for what it decided

The rule that cases are only authorities for what they actually decided in the context of the prevailing facts

The rule that decisions of superior courts are binding on inferior courts

The rule that lower courts should diligently follow the rule of stare decisis

The rule that the Court of Appeal is bound by its previous decisions; exceptions

The underlying consideration for the Supreme Court to overrule its earlier decision

What a party seeking the Supreme Court to overrule its previous decision must establish

What must be satisfied for a review of a decision given on state of facts

What the doctrine of stare decisis postulates

When the doctrine of stare decisis applies

When the doctrine of stare decisis can be applied

Whether a court can give contrary decision to what Supreme Court has decided and pronounced upon

Whether a decision of the Supreme Court can be departed from

Whether a decision of the Supreme Court that has not been overruled must be followed

Whether a High Court can depart from the decision of the Court of Appeal

Whether a lower court can embark on a reinterpretation of a provision already interpreted by the Supreme Court

Whether a lower court can gleefully say that the judgment of a higher court was arrived at per incuriam

Whether a lower court can refuse to follow the decision of a higher court because the lower court thinks that the decision of a higher court is wrong or given per incuriam

Whether a lower court can refuse to follow the decision of a superior court

Whether a lower court is bound to follow the decision of a higher court where he disagrees with it

Whether a Nigerian decision can be overruled by an English authority

Whether courts of concurrent jurisdiction are bound to follow the decision of each other

Whether it is open to a lower court to disagree with the decision of the higher court on any point

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 decisions

Whether the Court of Appeal is bound to follow the decision of the Supreme Court

Whether the High Court can decline to follow a decision of the Court of Appeal

Whether the rule of stare decisis applies to judgments given per incuriam

Whether the Supreme Court can depart from its earlier decision

Whether the Supreme Court can, sitting as a full court of seven justices, overrule previous decisions

Whether the Supreme Court follows its previous decisions

Whether the Supreme Court has the power to depart from its previous decision on the same constitutional question

Whether the Supreme Court is bound by its previous decisions

Whether the Supreme Court questions its own decision

Which of two conflicting decisions of the Supreme Court is to be followed

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