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(1964) JELR 65028 (HC)

High Court  •  9 Dec 1964  •  Ghana



DJABANOR J.: This is an application by the defendants herein praying this court,

(a) to stay these proceedings for a period of one month until previous costs awarded against the plaintiff in a similar action in favour of the defendants be paid, and

(b) to order the plaintiff to give sufficient security for the costs of this action.

Counsel made the application under Order 65, r. 6 of the Supreme [High] Court (Civil Procedure) Rules, 1954.1 Order 65 provides in rr. 5 and 6 that:

“5. A plaintiff ordinarily resident out of the jurisdiction may be ordered to give, security for costs, though he may be temporarily resident within the jurisdiction.

6. In actions brought by persons resident out of the jurisdiction, when the plaintiff’s claim is founded on a judgment or order or on a bill of exchange or other negotiable instrument, the power to require the plaintiff to give security for costs shall be in the discretion of the Court or Judge.”

The first part of this rule makes it quite clear that i…

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