Order 25 — Costs

(1) The Court may, if it thinks it just to do so, order the plaintiff or the defendant to give such security for the plaintiff’s or defendant’s costs of the action or other proceedings, where on the application of the plaintiff or defendant, as the case may be, it appears to the Court either at commencement or at any stage of the proceedings:

(a) that the plaintiff or defendant is ordinarily resident out of jurisdiction;

(b) that the plaintiff not being a plaintiff who is suing in a representative capacity is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so;

(c) subject to sub-rule (2) of this rule, that the plaintiff’s address is not stated in the writ or other originating process or is incorrectly stated; or

(d) that the plaintiff or the defendant has changed his address during the course of the proceedings with a view to evading the consequence of the litigation.

(2) Where the Court is convinced that the Plaintiff’s failure to state his address or a mis-statement was made innocently and without intention to deceive; the plaintiff shall not give security by reason of sub-rule (1) (c) of this rule.

(3) The reference to a plaintiff and a defendant in rule 1 of this order shall be construed as references to the person, howsoever described on the record, who is in the position of plaintiff or defendant, as the case may be, in the proceeding in question, including a proceeding on a counter-claim.

(1) In fixing the amount of costs, the principle to be observed is that the party who is in the right is to be indemnified for the expenses to which he has been unnecessarily put in the proceedings, as well as compensated for his time and effort in coming to Court and the Judge may take into account all the circumstances of the case.

(2) Where the Court orders for cost to be paid, the judge shall summarily determine the amount of such costs, if practicable, at the time of delivering the Judgement or making the order.

(3) Where the Judge deems it to be impracticable to determine summarily the amount of any cost, which he has ordered to be paid, the Judge shall refer any question relating to it to a taxing officer for taxation.

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

A plaintiff ordinarily resident out of jurisdiction may be ordered to give security for cost though he may be temporarily resident within the jurisdiction.

In an action brought by a person resident out of the jurisdiction where the plaintiff’s claim is founded on Judgement or order or on a bill of exchange or other negotiable instrument the power to require the plaintiff to give security for cost shall be exercised at the Judge’s discretion.

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

Subject to the provisions of any applicable law and these Rules, the cost of and incidental to any proceeding in the Court, including the administration of estate and trusts, shall be at the discretion of the Judge, and the Judge shall have full power to determine 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 relate.

Where the Judge orders cost to be paid or security to be given for cost by any party, the Judge may order any proceeding by or on behalf of that party in the same suit or proceeding or connected with it to be stayed until the cost is paid or security given accordingly and such order shall not supersede the use of any other lawful method of enforcing payment.

(1) The issue as to cost may be dealt with by the Judge at any stage of proceedings.

(2) Cost where ordered becomes payable immediately 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 cost 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 document or doing other act, including the cost of any order made on the application shall be borne by the party making the application unless the Judge otherwise orders.

The Judge in exercising his discretion as to cost 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.

(1) Where in any cause or matter anything is done or an omission is made improperly or unnecessarily by or on behalf of a party, the Judge may direct that any cost to that party in respect of it shall not be allowed and any cost occasioned by it to any other party shall be paid by him to them.

(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:

(a) the omission to do anything, the doing of which would have been calculated to save cost;

(b) the doing of anything calculated to occasion or in a manner or at a time calculated to occasion unnecessary cost; and

(c) any unnecessary delay in the proceeding.

(3) The Judge may instead of giving direction under sub-rule (1) of this rule in relation to anything done or any omission made, direct the taxing officer to inquire into it and if it appears to him that such direction as aforesaid should have been given in relation to it, to act as if the appropriate direction had been given.

(1) Subject to the following provisions of this rule, where in any proceeding cost is incurred improperly or without reasonable cause or is wasted by undue delay or by any other misconduct or default, the Judge may make a request any legal practitioner whom the Judge considers to be responsible whether personally or through a servant or agent, an order:

(a) disallowing the cost as between the legal practitioner and the legal practitioner’s client and directing the legal practitioner to pay to the client cost which the client has been ordered to pay to other parties to the proceeding; or

(b) directing the legal practitioner personally to indemnify such other parties against cost payable by them.

(2) The provisions of rule 13 sub-rule (1) of this order shall apply where any proceeding in Court cannot conveniently proceed, fail or is adjourned without useful progress being made because of the failure of the legal practitioner to:

(a) attend in person or by a proper representative; or

(b) deliver any document for the use of the Court which ought to have been delivered or to be prepared with any proper evidence or account or otherwise to proceed.

(3) Where, on the taxation of cost to be paid out of a fund, one-sixth or more of the amount of the bill for the cost is taxed off, the legal practitioner whose bill it is shall not be allowed the fees to which he would otherwise be entitled for drawing the bill and for attending the taxation.

(4) The Judge may direct that notice of any proceeding or order against a legal practitioner under this rule shall be given to the legal practitioner’s client in such manner as may be specified in the direction.