MOHAMMADU V. C.O.P.

• Pages: 414-417

MOHAMMADU V. C.O.P.

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414

"In

fixing the amount of costs, the principle to be observed is that the party

who is in the right is to be indemnified for the expenses to which he has

been necessarily put in establishing his claim, defence or counter-claim, but

the court may take into account all the circumstances of the case."

With respect, we do not think, having regard to the notes in the record of pro-

ceedings, that the learned trial Judge took adequate account of all the circumstan-

ces of the case before making the order as to costs. As a matter of fact, a careful

perusal of the record shows:-

(a)

that the various adjournments granted between the issue of the writ and

the conclusion of the case over seven years later were partly at the

instance of either party and partly at the instance of the court itself;

(b)

that the actual hearing, considering the length of the evidence taken on

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each day, need not have lasted twelve days; and

(c)

that the plaintiffs/respondents were not given the opportunity of stating

what were their out-of-pocket expenses.

Mr. Lardner has informed us that their out-of-pocket expenses are £100 and

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thought that costs of 275 guineas would have been quite adequate. We are also

of the view that the amount awarded is too generous. For the above reasons we

think that the appeal against the order for costs must succeed.

In the result, the appeal against the judgment of the Ikeja High Court in the con-

solidated Suits Nos. 1/129/58 and HK/108/61 is dismissed.

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The appeal against the order for costs is allowed and the order is hereby set

aside. Instead, the plaintiffs/respondents are awarded the sum of 250 guineas as

costs in the court below below and as costs of this appeal, they are awarded the

sum of 52 guineas.

Appeal dismissed. Appeal as to

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costs allowed.

MOHAMMADU V. C.O.P.

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35

ALHAJI

UBA

MOHAMMADU

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APPELLANT

V

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40

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COMMISSIONER OF POLICE

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RESPONDENT

SUIT NO. SC 120/1969

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

COKER,

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J.S.C.

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MADARIKAN,

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J.S.C.

22nd December, 1969.

Criminal Law - Driving at speed or dangerously - Charge bad for duplicity but

accused not misled or damnified so no failure of justice under Criminal

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Procedure Code - Appeal against conviction dismissed but 3 years imprisonment

and 10 years driving disqualification reduced to 18 months imprisonment and

5 years disqudification thereafter.

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