DR. BEN C. IHEASIRIM V. WORLD COURIER NIGERIA LTD.

BULKACHUWA, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice U.F.A. Kuti on costs delivered on 19/1/97. The plaintiff, who is now the appellant, had applied for an adjournment before the trial court. The defendant who is now the respondent before this court asked for cost of N31,000.00, the plaintiff conceded to N3,000.00 and the trial Judge awarded cost of N17,000.00 being the average of the costs asked for and the costs conceded. The plaintiff being aggressive has now appealed to this court on a sole ground of appeal produced below:

Ground of Appeal: Error in Law:

“The learned trial Judge did not properly or judicially exercise his discretion on the issue of award of cost having regard to the entire circumstances of the case by awarding an excessive, unjustified and punitive cost against the plaintiff/appellant.”

On 21/1/97, following the plaintiff/appellant counsel’s request for an adjournment of the case, the learned trial Judge held as fol…