Alahakone v. Tampoe – sllr 2002 volume 3 page 299

The case between Alahakone and Tampoe addressed the exercise of judicial discretion under Section 416 of the Civil Procedure Code regarding the requirement for security for costs in civil proceedings. It was held that the discretion to order security must be used judiciously, taking into account the availability of existing funds and the risk of prematurely restricting a party’s access to judicial relief. The principle reaffirmed that “incurred costs” under Section 416 refers to potential costs that may ultimately be awarded, and that furnishing further security is unwarranted where adequate funds are already secured, such as through a mortgage. Reference was made to relevant procedural statutes, emphasizing the importance of safeguarding litigants’ rights to a fair trial without unnecessa