AGBEMABIESE
V.
DZISAM AND OTHERS

ATA-BEDU J.: The facts of the circumstances leading to this appeal as presented by counsel for the appellant are that the appellant was a successful party in a suit at the Native Court B Anloga on 14 May 1953. Later the appellant applied to the District Court Grade II for a writ of possession in satisfaction of the judgment. On 3 November 1970 the appellant who was then the applicant withdrew his application. On the day the application was withdrawn the respondents who were not in court were not awarded costs. On 24 September 1971, the respondents brought an ex parte application for costs. Upon the hearing of the application, the court granted the respondents then applicants (hereinafter referred to as the respondents) costs of ¢200.00 under Order 39, r. 1 of the Courts Ordinance, Cap. 4 (1951 Rev.), Sched. II for the withdrawal of the application. Subsequently the appellant herein brought an application made under Order 42, r. 1 of Schedule II to Cap. 4 for a review of the order. The…