Order 25 — Issues of Fact, Inquiries, Accounts and References to Referees

(1) In all proceedings, issues of fact in dispute shall be defined by each party and filed within seven days after close of pleadings.

(2) If the parties differ on the issues, the Judge may settle the issues.

In any legal proceeding, the Judge may at any time order the whole cause or matter or any question or issue of facts arising therein, to be tried before a Referee, notwithstanding that it may appear that there is a special or other relief sought or some special issue to be tried, as to which it may be proper that the cause or matter should proceed in the ordinary manner.

In any case in which a matter is referred to a Referee, the Court shall furnish the Referee with such part of the proceedings and such detailed information and instructions as may appear necessary for his guidance and shall direct the parties, if necessary, to appear before the Referee during the inquiry.

The Referee may, subject to the Order of the Judge, hold the inquiry at or adjourn it to any place which he may deem most expedient, and have any inspection or view which he may deem expedient for the disposal of the controversy before him. He shall so far as is practicable, proceed with the inquiry from day-to-day.

(1) Subject to any Order made by the Judge ordering the inquiry, evidence shall be taken at any inquiry before a Referee, and the attendance of witnesses to give evidence before a Referee may be enforced by the Judge in the same manner as such attendance may be enforced before the Court; and every such inquiry shall be conducted in the same manner or as nearly as circumstances will admit as trials before a Court.

(2) The Referee shall have the same authority in the conduct of any inquiry as a Judge when presiding at any trial.

(3) Nothing in these Rules shall authorise any Referee to commit any person to a Correctional Centre or to issue or enforce any Order of committal or otherwise; but the Judge may, in respect of matters before a Referee, make such Order of committal or otherwise, as he may consider necessary.

(1) The Report made by a Referee in pursuance of a reference under this Order shall be made to the Judge and notice thereof served on the parties to the reference.

(2) A Referee may by his Report submit any question arising therein for the decision of the Judge or make a special statement of fact from which the Judge may draw such inferences as he deems fit.

(3) On the receipt of a Referee’s Report, the Judge may:
(a) adopt the Report in whole or in part;
(b) vary the Report;
(c) require an explanation from him;
(d) remit the whole or any part of the question or issue originally referred to him for further consideration by him or any other referee; or
(e) decide the question or issue originally referred to him on the evidence taken before him, either with or without additional evidence.

(4) When the Report of the Referee has been made, an application to vary the Report or remit the whole or part of the question or issue originally referred, may be made at the hearing by the Judge for the further consideration of the cause or matter, after giving not less than four days’ notice thereof to the opposing party, and any other application with respect to the Report may be made on that hearing without notice.

(5) Where on a reference under this Order a Judge orders that the further consideration of the cause or matter in question shall not stand adjourned until the receipt of the Referee’s Report, the Order may contain directions with respect to the proceedings on the receipt of the Report and the foregoing provisions of this Rule shall have effect subject to any such directions.

The Judge may order or direct an account to be taken or by any subsequent Order give special directions with regard to the mode in which the account is to be taken or vouched and in particular, may direct that in taking the account, the books of accounts in which the accounts in question have been kept, shall be taken as prima facie evidence of the truth of their contents, with liberty to the interested parties to object.

Where any account is directed to be taken, the accounting party shall make out his account and verify the same by affidavit. The items on each side of the account shall be numbered consecutively and the account shall be referred to by the affidavit as an exhibit and filed in the Registry.

Upon the taking of any account, the Judge may direct that the voucher be produced at the Chambers of the accounting party’s Legal Practitioner or at any other convenient place and that only such items as may be contested or surcharged, shall be brought before the Judge.

Any party seeking to charge any accounting party beyond what he has by his account admitted to have received, shall give notice to the accounting party stating so far as he is able, the amount sought to be charged with particulars.

Where by any Judgement or Order any accounts are directed to be taken or inquiries to be made, each such direction shall be numbered so that as far as may be, each distinct account and inquiry may be designated by a number and such Judgement or Order shall be as in Form 23 with such modifications or variations as the circumstances of the case may require.

In taking any account directed by any Judgement or Order, all just allowances shall be made without any direction for that purpose.

Where it appears to the Judge that there is any undue delay in the prosecution of any proceedings under this Order, the Judge may require the party having the conduct of the proceedings or any other party to explain the delay and may thereupon make such Order with regard to expediting the proceedings or the conduct thereof, or the stay thereof and as to the costs of the proceedings as the circumstances of the case may require; and for the purposes aforesaid, the Judge may summon any person whose attendance is required to conduct any proceeding and carry out any directions which may be given.

Reference to a Referee under this Order includes a reference to Akwa Ibom State Multi-Door Courthouse or any other Alternative Dispute Resolution body ordered by the Court.