How binding precedent works in Uganda

Ugandan courts follow stare decisis: like cases are decided alike, and a lower court is bound by the reasoning of the courts above it. Knowing how the doctrine works tells you which authority you must follow and which you can merely cite.

Who binds whom

Precedent runs vertically down the court hierarchy. A decision of the Supreme Court binds the Court of Appeal, the High Court and every subordinate court. A Court of Appeal decision binds the High Court and below. The High Court binds magistrates' courts; one High Court judge does not strictly bind another, though a considered decision is highly persuasive.

Ratio decidendi vs obiter dicta

Only the ratio decidendi — the legal reasoning necessary to the decision — binds. Remarks made in passing (obiter dicta) do not bind, but obiter from a senior court carries real persuasive weight. Identifying the ratio is the core skill: see our guide on reading a Ugandan judgment.

When a precedent can be set aside

A court may distinguish a case on its facts, decline to follow a decision reached per incuriam (in ignorance of a binding statute or authority), or — at the apex — depart from its own earlier view. Foreign and East African Community authority is persuasive only.

Using precedent well

Lead with the most senior, most recent authority on the precise issue, state the ratio you rely on, and cite it correctly — see how to cite Ugandan cases. For the leading authorities by topic, browse Ugandan case law & legislation.