Description
Decision given without reasons – arbitrary decision – stare decisis – doctrine of precedent.
- If a court of law decides to accept or reject a party’s argument, it must demonstrate that it has considered the same, and set out the reasons for rejecting or accepting it. Otherwise the decision becomes an arbitrary one (p. 7).
- Under the doctrine of stare decisis, or precedent, the decision of the Court of Appeal prevails as the correct interpretation of the laws relating to the civil jurisdiction of the High Court until such time that this Court may depart from it, or some relevant statute is amended. Whatever views to the contrary one may have about it, they are of no consequence (p. 8).
