Defendant/Applicant seeks by this motion an order for accounts to be taken under Order 29 of the High Court (Civil Procedure) Rules, C.I 47. To defendant the nature of the pleadings so far filed makes the taking of accounts imperative as one the determinations to be made by the court is as to whether plaintiff was still indebted to the defendant.
Plaintiff/Respondent has resisted the application and contends that the gravamen of his claim before the court is an allegation of frustration of the contract and the grant of the application for accounts to be taken would not cure the frustrated contract that he alleges.
It is stated under Order 29 Rule 1 of the High Court (Civil Procedure) Rules as follows:
1. (1) Where a writ indorsed with a claim includes a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has filed appearance or after the time limited for filing appearance apply for an order for accoun…