Order 46 — Costs

(1) In fixing the amount of costs, a successful party shall be indemnified for the expenses to which he has been put in the proceedings, and compensated for his time and effort in coming to Court.

(2) The Judge may take into account all the circumstances of the case including:
(a) cost of legal representation, assistance or facilities for the prosecution or defence of the case of the successful party;
(b) travel and other expenses of the party and witnesses; and
(c) such other expenses that the Judge determines are recoverable having regard to the circumstances of the case, to the extent that the Judge determines that the amount of such costs or expenses is reasonable.

(3) The Judge in exercising his discretion as to costs, shall take into account any offer or contribution made by any of the parties and any payment into Court and the amount of such payment.

(4) Where costs or expenses are ordered to be paid, the amount of such costs shall, if practicable, be summarily determined by the Judge at the time of delivering the Judgement or making the Order.

(5) Where the Judge deems it impracticable to determine summarily the amount of any cost or expenses to be recovered, all questions relating thereto shall be referred by the Judge to a Taxing Officer for taxation.

Where security for costs is required in any cause or matter, the security shall be of such amount and be given at such times and in such manner or form as the Judge shall direct.

A Claimant ordinarily resident out of jurisdiction may be ordered to give security for costs, though he may be temporarily resident within jurisdiction.

Where an action founded on a Judgement or Order, or on a bill of exchange, or other negotiable instrument is brought by a person resident out of the jurisdiction, the Judge may Order the Claimant to give security for cost.

Where a bond is to be given as security for costs, it shall be given to the party or person requiring the security and not to an officer of the Court, unless the Judge otherwise directs.

Subject to the provisions of any applicable Law and these Rules, costs both actual and incidental to all proceedings in the Court, shall be at the discretion of the Judge who may determine when, by whom and to what extent the costs are to be paid.

The Judge may order any costs to be paid out of any fund or property to which a suit or proceedings relates.

Subject to the provisions on enforcement or recovery of costs in any Law or under these Rules, where the Judge orders costs to be paid or security to be given for costs by any party, the Judge may order all proceedings by or on behalf of that party in the same suit or proceedings or connected with it to be stayed until the costs are paid or security given accordingly.

(1) Costs may be ordered or dealt with by the Judge at any stage of the proceedings.

(2) Costs, where ordered, are payable forthwith and shall be paid within seven days of the Order otherwise the defaulting party or his Legal Practitioner may be denied further audience in the proceedings.

In addition to any penalty payable for default under these Rules, the costs of and occasioned by any application to extend the time fixed by the Rules or any direction or Order thereunder for delivering or filing any process or document or doing any other act (including the costs of any Order made on the application) shall be borne by the party making the application unless the Judge otherwise orders.

(1) Where in any cause or matter anything is omitted or is done improperly or unnecessarily by or on behalf of a party either by himself or itself, authorised officer, agent or representative, the Judge may direct that:
(a) any costs to that party in respect of it shall not be allowed to it or him and that any cost occasioned by him or it to the other parties shall not be paid to him or it; or
(b) any costs occasioned by that party in respect of it shall be paid by the party or his or its authorised officer, agent or representative to the other party.

(2) Without prejudice to the generality of sub-rule (1) of this Rule, the Judge shall, for the purpose of that sub-rule have regard in particular to the following matters, that is to say:
(a) the omission to do anything the doing of which would have been calculated to save time and costs or avoid delays;
(b) the doing of anything, in any manner or at any time, calculated to occasion waste of time, unnecessary costs or delay in the proceeding.

Every bill of costs (other than a bill delivered by a Legal Practitioner to his client which fails to be taxed under the Legal Practitioners Act) shall be referred to the Registrar for taxation and may be taxed by him or such other Taxing Officer as the Chief Judge may appoint.

The party applying for taxation shall file and serve a Bill on any other party entitled to be heard on the taxation.

(1) A Taxing Officer shall have power to:
(a) tax any costs, the taxation of which is required by any Law or as may be directed by Order of a Judge;
(b) take an account of any dealings in money made in connection with the payment of the costs being taxed, if the Judge so directs;
(c) require any party represented jointly with any other party in any proceedings before him to be separately represented;
(d) examine any witness in those proceedings; and
(e) direct the production of any document which may be relevant in connection with those proceedings.

(1) A Taxing Officer may:
(a) extend the period within which a party is required by or under the Rules in this Order to begin proceedings for taxation or to do anything in or in connection with proceedings before that Officer; and
(b) where no period is specified by or under the Rules in this Order or by the Judge for the doing of anything in or in connection with such proceedings, specify the period within which the thing is to be done.

(2) Where an order of the Court specifies a period within which anything is to be done by or before a Taxing Officer, then unless the Judge otherwise directs, the Taxing Officer may from time to time extend the period so specified on such terms as he deems fit.

(3) A Taxing Officer may extend any such period as is referred to in the foregoing provisions of this Rule although the application for extension is not made until after the expiration of that period.

Where a party entitled to be paid is also liable to pay costs, the Taxing Officer may:
(a) tax the costs which that party is liable to pay and set off the amount allowed against the amount he is entitled to be paid and direct payment of any balance; or
(b) delay the issue of a certificate for the costs he is entitled to be paid until he has paid or tendered the amount he shall be liable to pay.

(1) A party entitled to require any costs to be taxed shall begin proceedings for the taxation of the costs by filing in the Registry a Bill of Costs and obtain a day and time for the taxation thereof.

(2) The party shall give at least seven days’ notice of the day and time appointed for taxation proceedings to every other party and serve a copy of his Bill of Costs to the other party, if he has not already done so.

(3) A Notice under sub-rule (2) of this Rule need not be given to any party who has entered an appearance or taken any part in the proceedings which gave rise to the taxation proceedings.

(4) Where any party entitled to be heard in any taxation proceedings does not attend within a reasonable time after the time appointed for the taxation, the Taxing Officer, if satisfied by affidavit or otherwise that the party had due notice of the day and time appointed, may proceed with the taxation.

(5) The Taxing Officer by whom any taxation proceedings are being conducted may, if he deems it necessary, adjourn those proceedings from time to time.

(1) In any Bill of Costs, the professional charge and the disbursements shall be entered in separate columns and every column shall be cast before the bill is left for taxation.

(2) Before a Bill of Costs is left for taxation, it shall be indorsed with:
(a) the name of firm, business and email addresses, and telephone number of the Legal Practitioner whose Bill it is; and
(b) where the Legal Practitioner is the agent of another, with the name or firm, business and email addresses, and telephone number of the principal.

Upon the completion of the taxation of any Bill of Costs, the Taxing Officer shall certify the result of his taxation including the costs thereof.

The fees payable on taxation shall be paid by the party on whose application the Bill is taxed and shall be allowed as part of the Bill.

Any party to any taxation proceedings who is dissatisfied with the allowance or disallowance in whole or in part of any item by a Taxing Officer or with the amount allowed by a Taxing Officer in respect of any item, may apply to a Judge for an Order to review the taxation as to that item.

(1) An application under the preceding Rules shall be made by Summons at any time within fourteen days after the Taxing Officer’s certificate.

(2) Unless the Judge otherwise directs, no further evidence shall be received on the hearing of an application under this Rule and no ground of objection shall be raised which was not raised on taxation but, save as aforesaid, on the hearing of any such application, the Judge may exercise all such powers and discretion as are vested in the Taxing Officer in relation to the subject matter of the application.

(3) On an application under this Rule, the Judge may make such Order as the circumstances require and in particular may order the Taxing Officer’s decision to be amended or except where the dispute as to the item under review is as to amount only, order the item to be remitted to the same or another Taxing Officer for taxation.