ORDER 19 - REFERENCE TO REFEREES

ADAMAWA
ORDER 19 - REFERENCE TO REFEREES

1. In any case in which a matter is referred to a referee under the provisions of the High Court Law, the Court shall furnish the referee with such part of the proceedings and such information and detailed instructions as may appear necessary for his guidance, and shall direct the parties, if necessary, to attend upon the referee during the inquiry. The instructions shall specify whether the referee is merely to transmit the proceedings which may hold on the inquiry, or also to report his own opinion on the point referred for his investigation.

2. The Court may at any stage of the proceedings direct any such necessary inquiries or accounts to be made or taken notwithstanding that it may appear that there is some special or further relief sought for, 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.

3. The referee may, subject to the order of the Court, hold the inquiry at, or adjourn it to, any place which he deem thinks most expedient, and have any inspection or view which he deem expedient, for the disposal of the controversy before him. He shall, as far as practicable, proceed with the inquiry from day to day.

4. 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 witness to give evidence before a referee may be enforced by the Court in the same manner as such attendance may be enforced before the Court; and every such inquiry shall be conducted in the same manner 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.

5. Subject to any order of 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.

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

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

(2) A referee may in his report submit any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it thinks fit.

(3) On the receipt of a referees 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) When 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 or the further consideration of the cause or matter, after giving not less than four days notice thereof, 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 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 referees report, the order may contain directions with respect to the proceedings on the receipt of the report and the foregoing provisions of the rule shall have effect subject to any such directions.

Toggle menu