Republic v Registrar of Political Parties & 2 others, Ex-Parte Applicant
The bottom line
#Even if you withdraw a lawsuit, you may still be ordered to pay the other side's legal fees if the court finds your actions were abusive or in bad faith.
What this practically means
#Executive summary
#Key legal issues
#Whether costs should be awarded on withdrawal of a judicial review suit
Withdrawal does not exempt a party from costs; the court considers the parties' conduct, the stage and manner of termination, and may award costs where the suit was an abuse of process
Section 27 of the Civil Procedure Act gives the court full discretion over costs, with costs following the event unless good reason is shown. The discretion applies to withdrawals. The applicant re-litigated a dispute already determined by the High Court, delayed the hearing, and withdrew only when a ruling on a preliminary objection was pending, which the court held was bad faith justifying costs.
Whether the judicial review application was an abuse of court process
Yes - the same dispute had been litigated in the magistrates' court and determined on appeal by the High Court; re-framing it as judicial review was a gross abuse
The court applied the doctrine that multiplicity of actions on the same matter between the same parties, even where a right to begin exists, is an abuse. The abuse lies in the intention to harass and annoy the adversary and interfere with the administration of justice. Re-characterising the dispute as judicial review did not alter its substance.
Legal principles established
#- Costs follow the event unless the court for good reason otherwise directs; the discretion must be exercised judicially
- Instituting a multiplicity of actions on the same subject matter between the same parties, even where there is a right to begin the action, is an abuse of court process
- Re-framing an already-litigated dispute as judicial review does not change its substance and constitutes abuse of process
Court orders
#- 1.The applicant's Notice of Withdrawal dated 4th December 2019 is allowed
- 2.The suit is marked as withdrawn with costs
- 3.The applicant shall pay the costs of the suit to the first and third Respondents on the higher scale
- Jurisdiction invoked
- Judicial review jurisdiction under the Fair Administrative Action/Constitution (leave to apply for Certiorari); costs under section 27 of the Civil Procedure Act (Cap 21)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Registrar of Political Parties & 2 others, Ex-Parte Applicant", Case Analysis (2020). Judicial Review Application (leave sought 29th April 2019 re Gazette Notice Number 3123 of 2019). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.