solution

Kelly is a judge of the Supreme Court of Trinidad and Tobago. She is sitting on a case where there is an issue about whether a contract had to be in writing to be legally enforceable. The barrister for the plaintiff has cited:

A case in the San Fernando District Court that found for the plaintiff.

The barrister for the defendant has argued:

A case in the High Court on different facts, where two judges expressed an opinion that if the facts in Kelly’s case applied, they would find for the defendant.

Which of these precedents must Kelly follow?

Ensure to present the law, the facts, supporting case law evidence for the argument and a firm conclusion or solution to the case above.