Order 50 — Costs

(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 the party has been necessarily put in the proceedings, as well as compensated for the time and effort in coming to court. But the court may take into account all the circumstances of the case.

(When costs are ordered to be paid, the amount of such costs shall, if practicable, be summarily assessed by the Court.

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

A Plaintiff ordinarily resident out of the jurisdiction may be ordered to give security for costs.

In actions brought by persons resident out of the jurisdiction, when the Plaintiff’s claim is founded on a judgment or order or on a bill of exchange or other negotiable instrument, the power to require the Plaintiff to give security for costs shall be exercised at the court’s discretion.

Where a bond is to be given as security for costs, it shall, unless the Court 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 costs of and incidental to all proceedings in the High Court, including the administration of estates and trusts, shall be at the discretion of the Court, and the Court shall have full power to determine by whom and to what extent the costs are to be paid.

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

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

(1) Costs, when ordered, shall become payable within 7 days of the order. A failure to effect such payment shall attract the sum of N200:00 (two hundred naira) as penalty daily and such penalty shall be paid into the Court. The Judge may deny the defaulting party or his Legal Practitioner further audience in the proceedings until the cost and penalty are paid.

(2) In addition to any penalty payable for default under these Rules, the costs occasioned by any application to extend the time fixed by the Rules or any direction or order for delivering or filing any 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 Court otherwise directs.

Costs may be dealt with by the Court at any stage of the proceedings and any order of the Court for the payment of any costs may, if the Court deems fit and the person against whom the Order is made is not a person to whom Order 48 applies, require the costs to be paid forthwith notwithstanding that the proceedings have not been concluded.

The Court, in exercising its 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.

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

(2) Without prejudice to the generality of sub-rule 1 of this Rule, the Court, 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 anything which would have been calculated to save costs;

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

(c) any unnecessary delay in the proceedings.

(3) The Court may, instead of giving a 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 the Court that such a 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 proceedings costs are incurred improperly or without reasonable cause or are wasted by undue delay or by any other misconduct or default, the Court may make against any Legal Practitioner whom it considers to be responsible (whether personally or through a servant or agent) an order:

(a) disallowing the costs as between the Legal Practitioner and the client; and

(b) directing the Legal Practitioner to pay to the client costs which the client has been ordered to pay to other parties to the proceedings; or

(c) directing the Legal Practitioner personally to indemnify such other parties against costs payable by them.

(2) The provisions of Rule 13(1) of this Order shall apply where proceedings in Court cannot conveniently proceed or fails or are adjourned without useful progress being made:

(a) because of the failure of the Legal Practitioner to attend in person or by a proper representative; or

(b) because of the failure of the Legal Practitioner to 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) No order under this Rule shall be made against a Legal Practitioner, unless the Legal Practitioner has been given a reasonable opportunity to appear before the Court to show cause why the order should not be made.

(4) The Court may direct that notice of any proceedings 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.

(5) If, on the taxation of costs to be paid out of a fund, one-sixth or more of the amount of the bill for those costs is taxed off, the Legal Practitioner whose bill it is shall not be paid the costs of taxation.

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

The party applying for taxation shall file the bill and give notice to other parties entitled to be heard on the taxation, and shall at the same time, if the party has not already done so, supply them with a copy of the bill.

A taxing officer shall have power to tax any costs the taxation of which is required by any law or directed by order of the Court.

A taxing officer may, with respect to the taxation of costs:

(a) take an account of any dealings in money made in connection with the payment of the costs being taxed, if the Court so directs;

(b) require any party represented jointly with any other party in any proceedings before the taxing officer to be separately represented;

(c) examine any witness in those proceedings;

(d) direct the production of any document which may be relevant in connection with those proceedings.

(1) A taxing officer may:

(a) extend the period with which a party is required by or under these Rules to begin proceedings for taxation or to do anything in or in connection with proceedings before that officer;

(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 Court otherwise directs, the taxing officer may, from time to time, extend the period so specified on such terms, if any, as the taxing officer 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 costs 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 the party is entitled to be paid and direct payment of any balance; or

(b) delay the issue of a certificate for the costs the party is entitled to be paid until the party has paid or tendered the amount the party is liable to pay.

(1) A party entitled to require any costs to be taxed shall begin proceedings for the taxation of those costs by filing in the registry a bill of costs and obtain a day and time for the taxation thereof. Such party shall give at least 7 days’ notice to every other party of the day and time appointed for taxation proceedings and at the same time serve a copy of the bill of costs on the other party, if the party has not already done so.

(2) A notice under sub-rule 1 of this Rule need not be given to any party who has not entered an appearance or taken any part in the proceedings which gave rise to taxation proceedings.

(1) In any bill of costs, the professional charge and the disbursements shall be entered in separate columns, and every column shall be set out 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 or firm and business address of the Legal Practitioner whose bill it is; and

(b) if the Legal Practitioner is the agent of another, with the name or firm and business address of that other Legal Practitioner.

(1) If 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 time appointed, may proceed with the taxation.

(2) The taxing officer by who any taxation proceedings are being conducted may, if the taxing officer deems it necessary to do so, adjourn those proceedings from time to time.

Upon the completion of the taxation of any bill of costs the taxing officer shall certify the result of the 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 the Court for an order to review the taxation as to that item.

(1) An application under Rule 25 of this Order shall be made by summons within 14 days after the taxing officer’s certificate.

(2) Unless the Court 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 court 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 Court 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.