Judgment
Ahmad Hamad Algosaibi and Brothers Co (AHAB) v Saad Investments Company Ltd (in Official Liquidation) and Others - Ruling
FSD 0054/2009 (ASCJ) · 2017-10-19
Jurisdiction vested by Grand Court Rule Order 23, Rule 1 to make orders for security for costs to be exercised in a non-discriminatory manner consistent with the right to fair trial guaranteed by the Constitution - the imposition of such orders by simply having regard to a plaintiff's non-resident status would be contrary to that right - principles applicable to the making of awards for full security for costs different from those applicable to making an award for security for the costs of enforcement of a costs judgment abroad – jurisdiction to award further security where order for the whole action already made exists only where a material change of circumstances arises since earlier order was made.
Full metadata
| Cause Number | FSD 0054/2009 (ASCJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Smellie CJ |
| Parties | Ahmad Hamad Algosaibi and Brothers Co (AHAB) v Saad Investments Company Ltd (in Official Liquidation) and Others - Ruling |
| Judgment Date | 2017-10-19 |
| Subject | Jurisdiction vested by Grand Court Rule Order 23, Rule 1 to make orders for security for costs to be exercised in a non-discriminatory manner consistent with the right to fair trial guaranteed by the Constitution - the imposition of such orders by simply having regard to a plaintiff's non-resident status would be contrary to that right - principles applicable to the making of awards for full security for costs different from those applicable to making an award for security for the costs of enforcement of a costs judgment abroad – jurisdiction to award further security where order for the whole action already made exists only where a material change of circumstances arises since earlier order was made. |
| Filename (current) | 17-10-19-AHAB-v-SAAD.pdf |