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The Court held that, in the absence of a prescribed form for notice of withdrawal and in line with previous authority, it is permissible to allow informal withdrawal of a labour matter with leave to refile, applying Rule 55(1) and (2) of the Labour Court Rules.
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The Court of Appeal quashed High Court consequential orders made after withdrawal of a winding-up petition, holding that withdrawal leaves rights undetermined except as to costs.
The High Court struck out a land suit as premature, holding that no conclusive order had arisen from the earlier objection proceedings under Order XXI Rule 62.
Applicants, though wrongly impleaded, were entitled to costs as the withdrawal of proceedings against them did not preclude such entitlement under the Rules. Instruction fees must be reasonable and not based on the value of the claim where the subject matter is not monetary. The objection to representation and procurement was overruled as procedural requirements were met. The taxing officer exercised discretion to award instruction fees and disbursements at levels consistent with precedent and the circumstances of the case.
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The EACJ held that consolidated references over the proposed removal of the EALA Speaker were public interest litigation and ordered each party to bear its own costs.
Applicants and IGG, having been wrongly impleaded and compelled to respond to court notifications, are entitled to costs upon withdrawal of the Reference against them, as costs follow the event and there is no conduct justifying denial of costs.
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