The grant or award of costs is discretionary if not provided in any Rules of Court and this Court, hardly interferes. Worse still, there is no leave sought or applied for by the Appellant or granted by the court below or this court. The consequence is now firmly settled. See also the cases of Asims (Nig) Ltd. V. Lower Benue River Basin Development Authority (2002) 8 NWLR (Pt.769) 349 C.A. and Unifam Industries Ltd. V. Oceanic Bank International (nig) Ltd. (2005) 3 NWLR (Pt.911) 83 @ 102 C.A – per Aderemi, JCA (as he then was).
I note even that Section 12 of the Court of Appeal Act, Cap. 75 Laws of the Federation, 1990 on award of costs, provided as follows:
"The Court of Appeal shall have power to award costs in all civil proceedings in the Court of Appeal and subject to the provisions of any other law and to rules of court, it shall be in the discretion of the Court of Appeal to determine by whom and to what extent the costs shall be paid".
Adewunmi & ors v. Oketade LGC(5/3/2010) C
It has long been settled that a Nigerian Court has the ability and the power in its discretion to award damages or costs in foreign currency. See the cases of Salzgitter Stahl GMBH vs. Tunji Dosunmu Industries Ltd (2010) 11 NWLR (pt. 1206) 589; Afribank Nig. Plc vs. Akwara (2006) 5 NWLR (pt. 974) 619; Harka Air Services (Nig) Ltd vs. Keazor (2006) 1 NWLR (pt. 960) 160; Teju Investmant and Property Company Limited vs. Alhaja Moji Subair (2016) LPELR 40087 (CA) and Saeby Jernstoberi M.F.A/S vs. Olaogun Ent. Ltd (1999) 14 NWLR (pt. 637) 128 @ 146amongst many others.
The award of costs, is within the discretion of the court and it must be exercised judiciously. By way of emphasis, like the award of general damages, the award of costs, involves the exercise of judicial discretion which is based on settled principles. Award of costs, is not meant or designed to be a bonus to a successful party. My final answer therefore, is rendered in the Affirmative/Positive.
I will finally deal with issue 12 of the Appellant for what it is worth. My simple answer which is also settled, is that the general practice, is that costs follow the event and a successful party, is entitled to costs.