ELIJAH LEXUS AGGREY vs. NAABIA BOACHIE-DANQUA

Costs are discretionary and governed by Order 74 of CI 47. The court takes cognizance of Order 74 rule 2 (4) (d) of CI 47 in the award of costs is that as a matter of discretion it flows from Article 296 of the 1992 Constitution. The court is enjoined by the said Article 296 and case law to ensure that any decision on costs is judicial in nature. This means that costs are awarded based on known principle of law. This principle has been stated in the case of Real Estate Developers v Fousa 1984/86 GLR a decision of the Court of Appeal. In this case counsel for the applicant is indeed entitled to costs on the principle in Ritter v Godfrey 1920 KB being a nominal victor. The question is whether costs of GH¢5,000.00 is reasonable. The court notes that counsel for the applicant has indicated that he has pre-financed the writ. It is clear on the face of the writ that per the legitimate fees charged in respect of the quantum claimed, a sum of GH¢670.00 was expended in respect of the writ......