Gower and Another v Tol and Others (4236/2014) [2017] ZAECGHC 10 (1 February 2017)
Court
Eastern Cape High Court, Grahamstown
Case number
4236/2014
Judge
M Makaula
The court held that costs should follow the result for each distinct claim rather than awarding an arbitrary percentage of total costs. The approach adopted in Golding was preferred, as it allows the taxing master to accurately calculate costs attributable to each claim. The plaintiffs must pay the defendants' costs for the withdrawn Will claim, and the defendants must pay the plaintiffs' costs for the successful improvements claim. The amended settlement agreement between the plaintiffs and the first and seventh defendants was made an order of court.