(2) An application under this rule shall be made by summons and supported by affidavit or other evidence.
(3) On the hearing of the application, the Court may, unless satisfied by the defendant, by affidavit or otherwise,
that there is some preliminary question to be tried, order that an account be taken and may also order that any
amount certified on taking the account to be due to either party be paid to him within a time specified in the
order.
2. (1) The Court may, on application made by summons at any stage of the proceedings in a cause or matter,
direct any necessary accounts or inquiries to be taken or made.
(2) Every direction for the taking of an account or the making of an inquiry, shall be numbered in the judgment
or order, so that, as far as may be, each distinct account and inquiry may be designated by a number.
3. (1) Where the Court orders an account to be taken, it may by the same or subsequent order give directions
with regard to the manner in which the account is to be taken or vouched.
(2) Without prejudice to the generality of paragraph (1) of this rule, the Court may direct that in taking the
account, the relevant books of account shall be evidence of the matters contained therein with liberty to the
parties interested to take such objections thereto as they think fit.
4. (1) Where an account has been ordered to be taken, the accounting party shall make out his account and unless
the Court otherwise directs, verify it by an affidavit to which the account shall be exhibited.
(2) The items on each side of the account shall be numbered consecutively.
(3) Unless the order for the taking of the account otherwise directs, the accounting party hall lodge the account
with the Court and shall at the same time notify the other parties that he has done so and of the filing of any
affidavit verifying the account and of any supporting affidavit.
5. Any party who seeks to charge an accounting party with an amount beyond that which he has by his account
admitted to have received or who alleges that any item in his account is erroneous in respect of amount or in any
other respect shall give him notice thereof stating, so far as he is able, the amount sought to be charged with brief
particulars thereof or to back as the case may be, the grounds for alleging that the item is erroneous.
6. In taking any account directed by any judgment or order, all just allowance shall be made without any
direction to that effect.
7. (1) If it appears to the Court that there is undue delay in the prosecution of any accounts or inquiries, or in any
other proceedings under any judgment or order, the Court may require the party having the conduct of the
proceedings or any other arty to explain the delay and may then make such order for staying the proceedings or
for expediting them or for the conduct thereof and for costs as the circumstances require.
(2) The Court may direct any party or legal practitioner to take over the conduct of proceedings in question and
to carry out any directions made by an order under this rule and may make such orders as it thinks fit as to the
payment of legal practitioner's costs.
8. Where some of the persons entitled to share in a fund are ascertained, and difficulty or delay has occurred or is
likely to occur in ascertaining the other persons so entitled, the Court may order or allow immediate payment of
their shares to the persons ascertained without reserving any part of the shares to meet the subsequent costs of
ascertaining those other persons.
Order 19
Reference to Arbitrator
1. In any case in which a matter is referred to one or more arbitrators under the provisions of the High Court Act,
the arbitrators shall be nominated by the parties in such manner as may be agreed upon between them.