Develing v Central White Lime Work and Others [1912] ZAWLD 6 (7 March 1912)

Costs.-Trial for Costs only.-When Party has acceded to Claim for Relief.-Practice.-Motion or Action.

When a plantiff claims relief against a defendant and the latter, after action brought, grants the relief claimed but does not tender the costs, if the plaintiff desires to recover costs he should proceed with his action for the costs, and, apart from any disentitling facts, the Court will determine the rights of the parties thereon according to which one was originally in the right.

Where summons had been issued and an application for an interdict pending action had been instituted, and without further proceeding the matter had been settled but nothing agreed as to costs: -Held, that the question of costs of the interdict proceedings could be raised by way of motion.