[1928] EACA 19

[1928] EACA 19

A Judge of the Court can only make an order for security for costs under Order XXIII when sitting in open Court. The application must be made by motion on notice, returnable in open Court, as prescribed by Order XXIII rule 2(3) of the Civil Procedure Rules, 1927. The consistent use of the term 'the Court' in the...

Source-derived case information.

Citation
[1928] EACA 19
Parties
Plaintiff: Morarji Ranchoddas; Defendant: Husseinbhai Taibji
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1928
Case Number
C.C: 77/1928 (Msa).
Procedural Posture
Miscellaneous Application / Application for Security for Costs
Outcome
Application dismissed for want of proper procedure.
Judges
Pickering J
Legal Topics
Security for Costs, Court Jurisdiction, Motions and Summonses, Open Court Hearings
Source Language
english
Civil Procedure Security for Costs Court Jurisdiction Motions and Summonses Open Court Hearings

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Summary, issues, holding and outcome

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Parties

Morarji Ranchoddas

Plaintiff

Husseinbhai Taibji

Defendant

Procedural Posture

Miscellaneous Application / Application for Security for Costs

Legal Issues

  1. 1 Whether an order for security for costs under Order XXIII can be made by a Judge sitting in Chambers.
  2. 2 Whether the application for security for costs must be made by motion on notice returnable in open Court.

Ratio Decidendi

A Judge of the Court can only make an order for security for costs under Order XXIII when sitting in open Court. The application must be made by motion on notice, returnable in open Court, as prescribed by Order XXIII rule 2(3) of the Civil Procedure Rules, 1927. The consistent use of the term 'the Court' in the rules indicates that the rule-making authority intended such matters to be heard in open Court unless specific provision is made for proceedings in Chambers. The distinction between motions and summonses in the rules further supports this interpretation. Therefore, the application for security for costs should have been made by motion on notice returnable in open Court, and not...

Court Disposition

Application dismissed for want of proper procedure.

Orders

  • A Judge can only make an order for security for costs under Order XXIII when sitting in open Court.
  • The application for security for costs must be made by motion on notice returnable in open Court.