Jivanjee and Co v Hirst (Civil Case No. 355 of 1950) [1952] EACA 269 (1 January 1952)

# ORIGINAL CIVIL

### Before DE LESTANG. J.

### MOOSAJEE\_JIVANJEE & CO., Appellants (Original Landlord)

#### υ

## MRS. G. W. HIRST, Respondent (Original Tenant)

Civil Case No. 355 of 1950

Increase of Rent Restriction Ordinance—Discretion of the Board to award costs.

A successful applicant before Coast Rent Board was not awarded costs the Board giving its reasons therefor. The appellant appealed to the Supreme Court.

Held (1-2-51).—A successful applicant before the Rent Board is not entitled as a matter of right as is the case of a successful applicant in a Court of Law to his costs. Appeal dismissed.

S. M. Ahmed for appellants.

Respondent in person.

JUDGMENT.—I cannot see any merit in this appeal. A successful applicant before the Rent Board is not entitled as a matter of right as is the case of a<br>successful applicant in a Court of Law to his costs. The Board is, however, given by section 5 of the Ordinance a discretion to award costs and this Court will not interfere with that discretion unless it is shown that it has not been judicially exercised. In the present case the Board gave as its reasons for refusing the landlord his costs the fact that he had failed to give receipts for rents. There was clearly evidence upon which the Board could have made its finding of facts and even though this Court might not have refused a successful party his costs for the reasons given by the Board it does not follow that it has not acted judicially.

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