The issue that arises for determination is whether the defendant should be awarded costs of the suit. The law is that costs are at the discretion of the court and that generally, costs follow the event.
The plaintiff concedes that the defendant is no longer the lessee in respect of the suit property. From the copy of the register that has been supplied, it is apparent that the defendant ceased being registered proprietor on 14th October 2012. This suit was filed on 13th May 2022.
That said, the suit was a culmination of the plaintiff’s efforts to recover the suit property by way of forfeiture. Those efforts included a decision review process. I have perused the decision review request, banking slips dated 19th January 2018 and 24th January 2018 as well as the defendant’s witness statement dated 16th November 2023 and I note that the defendant’s signature in all those documents is the same. I am persuaded that the defendant participated in the decision review process as far back as September 2020. The plaintiff cannot entirely be faulted for filing this suit against the defendant.
In the circumstances, there is sufficient ground upon which I exercise my discretion not to award the defendant costs. In the result, this suit is withdrawn with no order on costs. Case closed.
Dated 14th May 2024.