Judgment No. 7/2018
Civil Application No. SC 409/2016
He pointed out that the court had the discretion whether or not to stay the
proceedings pending payment of the first respondent’s taxed costs. There is merit in that
submission.
The applicant’s attitude that the respondent should proceed with execution against
his property evinces a mind set on piling wasted costs on the respondent. I come to that
conclusion because he has advanced no reason why he cannot voluntarily sell his property to
liquidate his liability to the respondent without incurring further costs for execution. That
attitude gives credence to Mr Mpofu’s submission that it is unfair for the applicant to
continuously bring proceedings against the first respondent without paying respondent’s
wasted costs awarded by the court a quo.
Considering that money may be hard to come by I held back delivering judgment
in this application to give the applicant time to pay the outstanding wasted costs. I am in
agreement with Mr Mpofu that it would be manifestly unfair and unjust for the applicant to
continue piling proceedings on the 1 st respondent without first making good the wasted taxed
costs he caused the respondent to incur. In my considered view this may be meant to wear
down the respondent with costs.
It is now more than 15 months since the applicant was granted the opportunity to
pay the respondent’s wasted costs. If by now he has not paid the respondent’s wasted costs,
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