ERDMAC COMPANY LTD vs. ZENITH BANK PLC & ANOR.

I have listened to the submissions by counsel for the 2nd Defendant as well as the Plaintiff. It is trite law that cost follows the event. It is also trite law that costs are at the discretion of the Court. The Court has power to determine to what extent the costs are to be paid and by whom under Order 74 rule 1 of C.I. 47. Indeed, save for a good reason, an innocent party or a successful party in a case or in an application must be entitled to cost. See: EID v EID AND ANOTHER [1979] GLR 290 CA AFEKE v AGBLE [1987-1988] 2 GLR 572 CA APAU II v DWUMAA II [1959] GLR 140 CA I have indicated that award of cost is not as of right but at the Court’s discretion which must be paid by the unsuccessful party to the successful party. However, it must not be too punitive. See: BANK OF WEST AFRICA LIMITED v DARKO [1970] CC 74 CA However, the Court will determine whether a party is entitled to cost and if so, how much a party is entitled to, depending on the circumstances of the case. This m.....