This is stare decisis. It is a system of administration of justice whereby previous decisions are relied upon in subsequent similar. The precedent or earlier decision becomes the source of law for subsequent cases.
Forms of judicial precedents
- Original precendent: this is law making precedent. It is the principle orproposition of law as formulated by the court.
- Declaration precedent: this is the application of an existing principle of law.
- Binding precedent –the earlier decision binds the court in which it is used.
- Persuasive precedent –the earlier decision is used to persuade the court todecide the case similary.