I need a clarification on payment of exemplary costs under the situation described below. I would be highly grateful for views from the learned lawyer friends on the above.
Mr. A's interim Petition seeking natural justice (during the course of an Appeal before a Tribunal) was rejected with exemplary costs (Condition Precedent). There was however some error in the Tribunal's order therefore Mr. A filed two petitions as follows:
1. Petition for modification of the order against the interim Petition (and thereafter to approach High Court)
2. Petition to fix a date for payment of costs after modification of the order.
Tribunal says through an order that it will hear Modification petition only after payment of costs.
My queries:
(a) Will payment of cost prejudice my case and will 'A' be loosing his right to approach a higher court for the originally rejected order (to which A seeks modification)?
(b) Is it possible to pay the costs under protest and without prejudice and thereby reserve his right to approach a higher court for the originally rejected order (to which he seeks modification).
(c) Can 'A' straightway approach High Court for remedy without paying the cost and withdrawing the modification petition filed in the Tribunal.
Thanks in anticipation of a prompt reply.
