WHAT’S OBITER DICTA (SINGULAR ‘OBITER DICTUM’)?

JV Owiti

An Obiter Dictum is a part of a Court’s Decision. Every such decision (and more particularly judgments) have several parts including:

(a) the disposition which a the part that gives the court’s final order(s)

(b) the ratio dicidendi which refers to the reasons why the court reaches the decision that it reaches.

(c) the obiter dicta (singular ‘obiter dictum’) which refers to the other things that the court says BY THE WAY i.e. in passing.

These may include further explanations which would not affect the decision wven if they were left out.

I hope that helps with the further clarification for my (un-learned 😂😂😂) friends.

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