Order 55 — Costs
Rule 1 Cost fixed at the Court's discretion.
In every suit, the costs of the whole suit, and of each particular proceeding therein, and the costs of every proceeding in the Court, shall be at the discretion of the Court as regards the person by whom they are to be paid.
Rule 2 Costs follow events.
The Court may order the successful party, notwithstanding the party’s success in the suit, to pay the costs of any particular proceeding therein.
Rule 3 Court may order payment of costs to be paid from the fund of subject matter of suit.
The Court may order any costs to be paid out of any fund or property to which a suit or proceedings relates.
Rule 4 Court to fix amount of costs at time of judgment.
Where costs are ordered to be paid, the amount of such costs shall if practicable, be summarily determined by the Court at the time of delivering the judgment or of making the order.
Rule 5 Principle to be followed in fixing Costs.
In fixing the amount of costs, the principle to be observed is that the successful party is to be indemnified for the expenses to which the party has been unnecessarily put in the proceedings.
Rule 6 Court may stay proceedings pending payment of Costs by any Party.
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 proceedings to be stayed until the costs are paid or security given accordingly, but the order shall not supersede the use of any other lawful method of enforcing payment.
Rule 7 Deadline and penalty for default in payment of Court ordered costs.
(1) Costs become immediately payable when ordered and shall be paid within seven (7) days of the making of the order.
(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 thereunder, 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 orders.
(3) Where a counsel admits that the failure or neglect or unwillingness of a party to act, or where the party has acted negligently, and the counsel admits that the failure, neglect or unwillingness is the fault or mistake of Counsel, and any costs are awarded, such costs shall be awarded against the Counsel and not the party, and the Counsel shall pay the costs before the next adjourned date failing which Counsel shall be denied audience.
Rule 8 Court/Taxing Officer to determine Costs of Taxation.
Where the Court deems it impracticable to determine summarily the amount of any costs which it has adjudged or ordered to be paid, all questions relating thereto may either be determined upon taxation by the Court itself or may be referred by the Court to a taxing officer for taxation to be ascertained for approval by the Court.
Rule 9 Matters to be considered in Taxation of Costs.
Upon any taxation of costs, the taxing master may, in determining the remuneration to be allowed, have regard, subject to any rule of Court, to the skill, labour and the degree of responsibility involved.
Rule 10 Fees to be taken into account in Taxation of Costs.
In taxation of costs between party and party, nothing shall be allowed in respect of fees paid to the Court beyond what was necessary having regard to the amount recovered on judgment.
Rule 11 Taxation of Bill of Costs.
Where upon the taxation of any bill of costs more than one-sixth is deducted from the amount claimed, the Court may either make no order as to the costs of the taxation or may order the party who filed the bill of costs to pay to the other party or parties the costs of taxation.
Rule 12 When a Claimant or Defendant may be ordered to give Security for Costs.
(1) Where on the Claimant or Defendant’s application to the Court, it appears to the Court either at the commencement or at any stage of the proceedings:
(a) that the claimant or defendant is ordinarily resident out of jurisdiction; or
(b) that the claimant (not being a claimant who is suing in a representative capacity) is a nominal claimant who is suing for the benefit of some other person and that there is reason to believe that the claimant will be unable to pay the costs of the defendant if ordered to do so; or
(c) subject to sub-rule (2) of this rule, that the claimant’s address is not stated in the originating process or is incorrectly stated therein; or
(d) that either the claimant or the defendant has changed such party’s address during the course of the proceedings with a view to evading the consequences of the litigation,
then where, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order either the Claimant or the Defendant to give such security for the claimant’s or defendant’s costs of the action or other proceedings as the Court may deem fit.
(2) The Court shall not require a claimant to give security by reason only of sub-rule (1)(c) of this rule if the Claimant satisfies the Court that the failure to state claimant’s address or the mis-statement thereof was made innocently and without intention to deceive.
(3) The references in this rule to a claimant and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of claimant or defendant, as the case may be, in the proceeding in question, including a proceeding on a counter-claim.
Rule 13 Form and manner of Security for costs to be determined by Court.
Where an order is made requiring any party to give security for costs, the security shall be given in such manner, at such time, and on such terms (if any) as the Court may direct.