Ratio decidendi:
(i) Literally means reason for decision.
(ii) This is a principle or proposition of law based on the material facts of the case.
(iii) It disposes off the case before the court.
(iv) It is the binding part in a precedent.
(v) It comprises a group of fact situations with those of the instant case as
minimum.
Obiter dicta:
(i) Literally means by the way.
(ii) These are by the way statements made by a court in the course of judgement.
(iii) They do not dispose off the case before the court and are not binding in
subsequent similar cases.
(iv) They reinforce or strengthen the decision of the court.
(v) May be relied upon by advocates in subsequent cases as persuasive authority
maurice.mutuku answered the question on April 24, 2018 at 13:29
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