NEE-WHANG vs. AMPADU

Jiagge J.A. delivered the judgment of the court. This appeal is brought in order to challenge the validity of the ruling of the High Court, Accra, referring a cause before it to a referee without the consent of the parties. The respondent by his specially endorsed writ instituted an action against the appellant claiming the sum of ¢2,825.20 together with interest as money paid for a consideration that had failed. The court after hearing the evidence of the parties held: “At this stage, it being palpably clear that the matter is a question of adjustment of accounts, I do hereby refer the case to a referee, Mr. Brew, Senior High Court Registrar, for him to go into the accounts and submit his report to the court . . .” The report of the referee was in due course submitted to the court. The respondent under Order 36, r. 34 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), moved the court to adopt and carry into effect the report of the referee. At the he...