Monday, March 23, 2015
Facts have no views. A judgment should always be read in the light of the facts on which the case was decided. The rules of stare decisis do not allow courts to apply the ratio of a case across the board and with little regard to the facts of the case before them. This is because decisions of courts draw their inspiration and strength from the facts which framed the issues for decision and once such decisions are made they control future judgment in like or similar cases, hence the facts of two cases must either be the same or at least similar before a decision in the earlier case can be used in the later case. Emeka v. Okadigbo (2012)18 NWLR (Pt.1331) 55; Fawehinmi v. NBA (No.2)(1989) 2 NWLR (Pt.105) 558
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment