ALHAJI ALHASSAN YAKUBU vs MOSHIE DIORI & 5 ORS
October 13, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE EMMANUEL AMO YARTEY
Areas of Law
- Civil Procedure
October 13, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
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.
This is an Application by the Defendants/Applicants praying the Court for an order directed at the Plaintiff to pay an amount of at least, Thirty Thousand Ghana Cedis as cost of and incidental to proceedings in respect of the discontinuance of the suit.
The Plaintiff/Respondent resisted the Application.
I have analysed the submission put up in support and against the grant of the Application.
A critical review of Order 17 R2 (11) of C.I. 47 clearly denotes the Applicants are entitled to cost since obviously they incurred expenses as a result of the Plaintiff’s action against them.
In the circumstance I award the Applicants cost of GH¢5,000 against the Plaintiff/Respondent since it will be in the interest of justice to do so.
(SGD)
EMMANUEL AMO YARTEY (J)