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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

 

ORDER 7

COST

Costs at discretion of Court

1. (1) The costs in a suit or matter, and of each particular proceeding

in the suit or matter is at the discretion of the Court and the Court may after hearing the parties, award costs it considers just.

(2) In the absence of any express direction by the Court, costs shall be awarded at the end of the suit or proceeding.

(3) The Court shall not order the successful party in a suit to pay to the unsuccessful party the costs of the whole suit, but the Court may order the successful party despite the success in the suit, to bear the costs of a particular proceeding in the suit.

Security for costs

2. (1) The Court may where it considers fit, either on its own motion

or on the application of a defendant, require a plaintiff in an action, whether at the commencement or at any time during the action, to give (a) security for costs to the satisfaction of the Court by deposit

or otherwise, or

(b) further or better security.

(2) The Court may require a defendant to give security, or further or better security, for the costs of a particular proceeding undertaken in the defendant's interest.

Stay of proceedings pending payment or security for costs

3. Where the Court orders costs to be paid, or security to be given for costs by any party, the Court, if it considers it fit, may order proceedings (a) by or on behalf of that party in the same suit or proceeding,

or

(b) connected with the same suit or proceedings

to be stayed until the costs are paid or security is given accordingly, but the order shall be without prejudice to another lawful method of enforcing

payment.

Costs out of fund in suit

4. The Court may order costs to be paid out of any fund or property to which a suit or matter relate

 

 

 

 

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