Order 41 — Reference to Referee

(1) In any case in which a matter is referred to a referee under the provisions of the Federal High Court Act, the Court shall give the referee detailed instructions and inform him of the part of the proceeding that may appear necessary for his guidance, and shall direct the party, where necessary, to attend upon the referee during the inquiry.

(2) The instruction shall specify whether the referee is to:

(a) transmit the proceedings which he may hold on the inquiry; or

(b) report his own opinion on the point referred for his investigation.

The Court may at any stage of the proceeding direct any necessary inquiry or account to be made or taken notwithstanding that it appears that there is some special or further relief sought for, or any special issue to be tried, as to which it may be proper that the cause or matter should proceed in the ordinary manner.

(1) The referee may, subject to the order of the Court:

(a) hold the inquiry at, or adjourn it to any place which he may deem most expedient; and

(b) carry out an inspection or viewing which he may deem expedient, for the disposal of the controversy before him.

(2) The referee shall, as far as practicable, proceed with the inquiry from day to day.

(1) Subject to any order to be made by the Court ordering the inquiry, evidence shall be taken at any inquiry before a referee, and the attendance of a witness to give evidence before a referee may be enforced by the Court in the manner as the attendance may be enforced before the Court.

(2) The inquiry referred to in sub-rule (1) of this rule shall be conducted in the same manner or as nearly as circumstances will admit, as trials before a Judge of the Court, but not so as to make the tribunal of the referee a public Court of Justice.

Subject to any order of the Court, the referee shall have the same authority in the conduct of any inquiry as a Judge of the Court when presiding at any trial.

Nothing in these provisions authorizes any referee to commit any person to prison, or to enforce any order by attachment or otherwise, but the Court may, in respect of a matter before a referee, make any order of attachment or committal it may consider necessary.

(1) The report made by a referee in pursuance of a reference under these Rules shall be made to the Court and notice served on the parties to the reference.

(2) A referee may, in his report:

(a) submit any question arising for the decision of the Court; or

(b) make a special statement of facts from which the Court may draw such inferences as it thinks fit.

(3) On the receipt of a referee’s report, the Court may:

(a) adopt the report in whole or in part;

(b) vary the report;

(c) require an explanation from the referee;

(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) Where the report of the referee has been made, an application to vary the report or remit the whole or any part of the question or issue originally referred may be made on the hearing by the Court to the further consideration of the cause or matter, after giving not less than 4 days’ notice, and any other application with respect to the report may be made on the hearing without notice.

(5) Where on a reference under this order, the Court or a Judge in chambers 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 proceeding on the receipt of the report, and the foregoing provisions of the rule shall have effect subject to such direction.