Malichi v Dlamini and Another (421 of 2006) [2006] SZHC 86 (5 May 2006)

THE HIGH COURT OF SWAZILAND

PAUL MALICHI

Applicant

And

MALAN ELIAS DLAMINI

1^st Respondent

THE COMMISSIONER OF POLICE

2^nd Respondent

Civil Case No. 421/2006

Coram: S.B. MAPHALALA-J

For the Applicant: MR. MAB1LA

For the Respondents MR. N. V1LAKAT1 (Attached to the Attorney General's Chambers)

RULING ON COSTS

(5"' May 2006)

[1] On the 28^th April 2006, the Applicant was granted an order authorising and directing the 2^nd Respondent to register the Applicant's motor vehicle being a Toyota duplicate documents. In prayer 2 thereof that costs in the event application is opposed. I heard arguments to and fro in this regard. It was contended for the Applicant that Respondent ought to pay wasted costs in this case. In respect of Respondents arguments per contra were advanced.

[2] The award of costs is a matter wholly within the discretion of the court (see Fripp vs Gibbon & Co. 1913 A.D. 354) but this is a judicial discretion and must be exercised on grounds upon which a reasonable man could have come to the conclusion arrived at (see Levben Products (PVT) Ltd vs Alexander Films (SA) (Pty) Ltd 1957 (4) S.A. 225 (SR)).

[3] On the facts of the present case I have come to the considered opinion that no order as to costs should be issued; and it is so ordered.

S.B. MAPHALALA

JUDGE