(COURT OF APPEAL)

NICOLAS C. MAVIKIOS v. S. A. MIKHIELIDES

AC-REV-580-1968

Principles

  Civil Procedure—Costs—To be paid on the sum actually decreed and not on the sum claimed

Costs should be paid on the sum actually decreed and not on the sum claimed.

Advocate: Abdel Rahman Yousif for the applicant

Judgment

Dafalla El Radi Siddig 1. December 15, 1969 : —Applicant is inviting this court to review its decree dated September 30, 1969 in so far as the costs in the District Court are concerned. The said decree ordains that applicant should pay £S.42.480m/ms. being costs of the action in the District Court while he claims that he is only obliged to pay £S.20.650m/ms.

Having perused the record I am of the opinion that the learned counsel for applicant is right. The suit was constituted for £S.1,273.212m/ms. The District Court passed judgment for plaintiff for £S.639.560m/ms. which sum was reduced by the Province Court to £S.475.000m/ms. We upheld this latter sum. Thus, it is clear that the costs ordered by the learned District Judge are calculated on a sum other than the sum actually upheld which is a lesser sum.

The Civil Justice Ordinance, s. 100, ordains that the question of costs is within the discretion of the court to decide upon. Of course the discretion has to be judicially exercised. It seems to me that according to the Civil Justice Ordinance, s. 100 (2), that the costs shall not follow the event is the exception rather than the rule. Hence, applicant should pay the fees on the sum actually decreed. It is obviously unfair to make him pay costs at the rate of the sum claimed rather than the sum actually decreed.

Ergo, the decree should be amended in that the fees payable at the District Court are £S.20.650rn/ms.

B. M. A. Baldo J. December 15, 1969 :—I agree.