APPELLATE PRACTICE — Costs — Appeal Against Award of Costs — Leave Required
Principle Statement
It is trite that appeal does not lie as of right against an award of costs by a court.
Ratio Decidendi (Source)
Per Fabiyi, JSC, in Adewunmi v. Oketade (2010) NLC-123-78-2001(SC) at p. 12; Paras A–C.
"It is trite that appeal does not lie as of right against an award of costs by a court."
Explanation / Scope
This principle establishes that an appeal against an award of costs is not as of right; leave is required. The principle applies where costs are challenged. It ensures that costs appeals are subject to leave. The principle reflects that costs are discretionary. It prevents unnecessary appeals on costs. The court must require leave. The principle provides guidance on the requirement for leave in costs appeals.
