“The assessment of costs is a matter in the discretion of the Court of trial but the discretion must be exercised judicially and if not so exercised, the Court of Appeal would be entitled to interfere and set aside an unjustifiable award (see per Viscount Cave L.C., in Donald Campbell & Co. Ltd. v. Pollak [1927] A.C.732 at p. 810).”

Per GEORGE BAPTIST AYODOLA COKER, JSC in CHANRAI & CO. (NIGERIA) LTD V. KHAWAM (1965) LCER-361(SC) (Pp 14 – 15, Paras F – A) #