Judicial Precedent
Under the principles of stare decisis (judicial precedent), the High Court is bound by decisions of the Court of Appeal. This means if there is a decision of the Court of Appeal that is relevant to a case being heard in the High Court, the High Court must apply it even if it feels that the decision was wrongly decided or may cause injustice. In turn, decisions of the High Court are binding on District Courts and Magistrates' Courts.
A Judge of the High Court is not bound by previous decisions by other High Court Judges. However, as a matter of comity, a Court will generally not depart from a previous decision unless there is a good reason to do so, particularly if that decision has stood for some time. If there are conflicting High Court decisions, it is up to the Court of Appeal to decide which decision is correct.
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