PRACTICE NOTE: ZACCA v. ODA SAWMILLS, LTD [1961] GLR 83
3 February 1961 · KORSAH CJ · ≈ 1 min read
[1961] SLR (SC) 3Other citation styles and permanent link
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DIVISION: SUPREME COURT
DATE: 3RD FEBRUARY, 1961
BEFORE: KORSAH. C.J., VAN LARE AND SARKODEE-ADDO
J.J.S.C. (READ BY KORSAH C.J.)
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.”
