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Appealing Awards Of Cost In Nigeria


The term "costs" means two things in law. The first is the charge which a solicitor is entitled to make and recover from the client or person for professional services. The other meaning usually given to the word is the sum of money which the Court orders one party to pay another party in an action as compensation for the expenses of litigation incurred.1 We will be relying on the second meaning in this article.

Awards of cost are a common occurrence in Nigerian litigation and parties typically expect courts to make such awards. Awards of cost can be ordered in favour of a party for the expenses incurred in the suit or for certain aspects of the proceedings. This article provides insight into the different types of cost orders and the attitude of the appellate courts to an application for cost review.

Distinction between the Types of Cost Awards

There are two types of cost awards.2 One is awarded in accordance with settled principles of law, while the other is awarded in the court's discretion based on particular facts.3