JOSEPH SALIBA V. M.J. LABABEDI & ORS.

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The point to be decided in this appeal is whether in the events that happened a referee chosen by the parties and appointed by the court should, at the instance of the appellant, be removed. The application was made by the present appellant; he was the plaintiff in an action instituted in the High Court, Lagos, against the respondents, as defendants, and in which he claimed, inter alia, an account of partnership funds and payment over to him of whatever is found due to him on the taking of such account. It appears that an order was made for the defendants to file such an account and for the plaintiff to falsify and surcharge. These steps seemed to have been taken on that part of the order and complied with and it seemed also that thereafter it was agreed by the parties that the accounts be referred to a referee in accordance with rules of court. On the 22nd June, 1967, both parties filed jointly in court a document purporting t…