Alexander – Tryphon Dembeniotis v. Central Africa Co. Ltd., Civ. Case 29-D-66; -/3/67; Otto, J.

Alexander – Tryphon Dembeniotis v. Central Africa Co. Ltd., Civ. Case 29-D-66; -/3/67; Otto, J.

Plaintiff sued to cancel an agreement, alleging lack of consideration and claiming that the agreement had been obtained by extortion. Defendant admitted lack of consideration, and submitted the agreement for cancellation, but denied the claim of extortion. Plaintiff was denied full costs, and appealed.

            Held: Full costs should be awarded to a plaintiff who “ has succeeded in the main purpose of his suit” and “obtained the precise form of relief he wanted.” It is immaterial that he did not succeed with one of the claimed grounds of relief since the resolution of that claim did not affect the result. Citing Jiwan Singh v. Rugnath Jeram, 12 E. A. C. A. 21, and authorities cited therein.