JUDGEMENT OF MADAN, J A
The respondent filed a suit against the appellant for accounts of the partnership between them to be taken, and impliedly or upon amendment, for all the usual necessary orders subsequently thereupon . At the request of the parties the learned judge recorded a consent order for the taking of the accounts including in particular the sum of shs. 43,000/= the proceeds of two cheques withdrawn by the appellant from the partnership account, by their advocates whose joint findings were to be final and binding upon them. The advocates reported back to the court that there were no accounts which could be taken as there were none, and the only issue left for determination was the distribution of the assets.
The appellant agreed that he withdrew two sums of shs. 24,000/= and shs. 20,000/= from the partnership account which he deposited in his personal savings bank account less shs. 1,000/= kept by him from the second sum of shs. 20,000/=. The learned judge not believing tha…