Deprecated: mysql_connect(): The mysql extension is deprecated and will be removed in the future: use mysqli or PDO instead in /home/ghanalegal/domains/ghanalegal.com/public_html/engine/Drivers/mysql.php on line 101 PRACTICE NOTE: ZACCA v. ODA SAWMILLS LTD. | GhanaLegal - Resources for the legal brains

PRACTICE NOTE: ZACCA v. ODA SAWMILLS LTD.


  • appeal
  • 1961-02-03
  • SUPREME COURT
  • GLR 83
  • Print

KORSAH. C.J., VAN LARE AND SARKODEE-ADDO J.J.S.C. (READ BY KORSAH C.J.)


Summary

Costs?-Whether successful plaintiff should be deprived of his costs.The plaintiff-appellant instituted an action for damages against the defendants?-respondents. The claim was made up of eight items. The trial judge found that the plaintiff was entitled to succeed on the first three items, but awarded him no costs, and ordered that he should pay two-thirds of the defendant?'s costs.

Headnotes

The plaintiff?'s appeal to the Supreme Court was dismissed on the merits but on the question of costs, the Court said: ?"With respect to the order as to costs however we are of the view that it cannot stand. We are unable to appreciate the reason for depriving the successful plaintiff as to his costs. We can only surmise that because the dependants?' counterclaim was partly successful, this supplied the ground for the trial judge?'s order mulcting the plaintiff in costs. We therefore allow the appeal as to costs only, and set aside the order as to costs accordingly. We order that each party pay his own costs in the court below; but with respect to the costs in this court although the appellant has failed on the merits he has nevertheless succeeded as to costs, and is therefore entitled to half his costs and it is so ordered. If the costs as ordered by the court below have been paid they shall be refunded.?"

Judgement

Decision


Plaintiff / Appellant

Defendant / Respondent

Referals

Warning: fopen(/home/ghanalegal/domains/ghanalegal.com/public_html/cases/public/cache/0bdb422c172883b067eeba78ce85ae5d): failed to open stream: Permission denied in /home/ghanalegal/domains/ghanalegal.com/public_html/cases/apps/modules/render/models/cache.php on line 44 Warning: fwrite() expects parameter 1 to be resource, boolean given in /home/ghanalegal/domains/ghanalegal.com/public_html/cases/apps/modules/render/models/cache.php on line 46 Warning: fclose() expects parameter 1 to be resource, boolean given in /home/ghanalegal/domains/ghanalegal.com/public_html/cases/apps/modules/render/models/cache.php on line 48