IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT (COMMERCIAL DIVISION),
ACCRA- A.D 2019
F.N. OPPONG & COMPANY LIMITED - (Plaintiff)
SETHI MANAFACTURING COMPANY LIMITED - (Defendant)
DATE: 16TH JANUARY, 2018
SUIT NO: MISC/2/17
JUDGES: ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
E. N. POKU FOR PLAINTIFF
MICHAEL AKOSA FOR PAUL ADU GYAMFI FOR DEFENDANT
This is an application under order 74 rule 12 (1) of C.I. 47 for the Review of cost of GHC 10,000.00 awarded against the Plaintiff by this court on 13/12/2017 pursuant to the notice of withdrawal filed by the Plaintiff’s counsel.
The gravamen of the application as contained in the affidavit in support is that since the Defendants did not file any defence, the Plaintiff did not need leave of this court to discontinue and no cost would have been awarded against them.
Upon a perusal of the processes field in this case, the court notes that no statement of defence was filed. Therefore, under order 17 rule 2 (1) of C.I. 47, the Plaintiff was entitled to discontinue the suit without leave of the court.
However upon filing the notice of discontinuance and serving same on counsel for the Defendants it is the opinion of this court that the Defendants were entitled to the costs of the action. In this case, they only filed a notice of appearance. All other processes were at the instance of the Defendant’s which have resulted in a ruling against them at the Court of Appeal.
In the circumstance, the court is of the opinion that the cost of GHC 10,000.00 was excessive and the same is reduced to GHC 5,000.00.
ANGELINA MENSAH-HOMIAH (MRS.)
JUSTICE OF THE HIGH COURT