Chuku v Chuku

Costs – Order for costs. The Chancery Division allowed the claimant's appeal against an order for security of costs in a claim for possession of a property left by the deceased father of both the claimant and the defendant. The court held that the recorder had not been entitled to conclude that the claimant had been resident out of the jurisdiction for the purposes of CPR 25.13(2)(a). It further held that the claimant, who was a beneficiary, and the registered proprietor, of the property, under the deceased's will, was not a 'nominal claimant', within the meaning of CPR 25.13(2)(f), and further, that the existence of the defendant's counterclaim made it inappropriate to order security for costs.

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