TAYLOR vs. DAVIS

Lord Morris delivered the judgment of their Lordships. The appellant brought an action in the Supreme Court of the Gold Coast in which he claimed to have an account taken of a timber business carried on by the respondent as his agent, and payment of the amounts found due to him on the taking of the account. By his judgment dated the 30th December, 1954, Acolatse J. dismissed the claim and allowed the respondent’s counterclaim in the sum of £G1,351 6s. 3d. The appellant appealed to the West African Court of Appeal. By a judgment dated the 28th June, 1956, the appeal was dismissed. From this judgment the appellant now appeals. After the trial of the action had begun before Acolatse J., an order was made referring accounts to a referee. The main issue which is raised in this appeal is whether the referee, who was appointed to go into accounts and report his findings to the court, exceeded his terms of reference by deciding certain questions of law and fact and whether the courts bel...