Amradha Construction Co. v. Sultani Street Agip Service Station, Civ. App.

Amradha Construction Co. v. Sultani Street Agip Service Station, Civ. App.

14-D-67, 29/9/67, Saidi J.

Defendant owed plaintiff Shs. 5,652/85. Defendant was closing down his business; plaintiff, out of fear that defendant would leave for India without paying his debt, petitioned to attach certain of defendant’s assets without first making formal request for payment coupled with notice of his intention to file suit. A conditional order of attachment was granted, but the full amount of the debt was deposited in court before the scheduled hearing on the attachment. The only issue involved here was who should bear the burden of advocates’ fees.

Held: (1) Rule 61 of the Rules of Court (Advocates’ Remuneration and Taxation of Cost Rules) Vol. v, page 194 reads, “61. If the plaintiff in any action has not given the defendant notice of his intention to sue, and the defendant pays the amount claimed or found due at or before the first hearing no advocates costs will be allowed except on a special order of the judge.” That rule precisely covers this situation. (2) Since upon consideration of all the facts the situation was not as urgent as plaintiff though, there was no basis for a special order here.

 Consequently plaintiff must bear all costs.