Distinguish between ratio decidendi and obiter dicta

Distinguish between ratio decidendi and obiter dicta

ANSWER
Ratio decidendi:

• Literally means reason for decision.
• This is a principle or proposition of law based on the material facts of the case.
• It disposes off the case before the court.
• It is the binding part in a precedent.
• It comprises a group of fact situations with those of the instant case as minimum.

Obiter dicta:

• Literally means by the way.
• These are by the way statements made by a court in the course of judgement.
• They do not dispose off the case before the court and are not binding in subsequent similar cases.
• They reinforce or strengthen the decision of the court.
• May be relied upon by advocates in subsequent cases as persuasive authority.