ALHAJI ALHASSAN YAKUBU vs MOSHIE DIORI & 5 ORS

The Defendants/Applicants sought an order compelling the Plaintiff to pay costs of at least thirty thousand Ghana cedis following the discontinuance of the suit. The application asked the court to direct payment of costs incidental to the proceedings. The Plaintiff/Respondent opposed the application. After considering submissions both for and against, Justice Emmanuel Amo Yartey reviewed Order 17 Rule 2(11) of C.I. 47 and concluded that the Applicants were entitled to costs because they incurred expenses as a result of the Plaintiffs action. Exercising discretion in the interest of justice, the court declined to award the amount requested and instead fixed costs at GH5,000 against the Plaintiff/Respondent. The ruling applies procedural rules to ensure reasonable, just compensation for expenses caused by the discontinued action.