ADZRAH vs. NUTAKOR AND ANOTHER

The plaintiff-applicant in suit No. L.19/60 was mulcted in costs of £G581 6s. by the Court of Appeal which ordered “the court below to carry out.” The plaintiff, dissatisfied with the turn of event, sued again in suit No. L.3/68 for reliefs he regarded as still outstanding and undetermined. It was his contention in this application that since a suit was pending in the High Court between him and the defendants, the costs awarded by the Court of Appeal should abide the High Court decision. He founded his prayer on Order 42, r. 49 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). The rule is stated as follows: “49. Whenever an action shall be pending in the Court against the holder of a previous judgment of the Court by the persons against whom the judgment was given, the Court may, if it appear just and reasonable to do so, stay execution of the judgment either absolutely or on such terms as it may think just, until a judgment shall be given in the pendi...