Sing v Sing [1911] ZATPD 154 (14 November 1911)

Costs - When no Prayer - Contested matters - Successful Party Disentitled - Difficult Quest.ion of Law at Issue

In contested matters the absence of a formal prayer for costs in the claim, does not debar the Court from granting costs to the successful claimant.

When a magistrate's court summons had not included a prayer for costs; but the plaintiff's attorney before judgment had asked for costs, without applying for leave to amend, and the magistrate had granted judgment for the plaintiff without costs.

Held, on appeal, that the costs should have been granted and the appeal should be allowed with costs.

Reasonable grounds for opposing a claim on account of a difficult point of law at issue do not affect the successful claimant's right to costs.