ADADE J.S.C: The plaintiff-appellant (hereinafter called the plaintiff) sued the defendants in July 1983, for the return of his caterpillar and damages for its wrongful seizure. The defendants denied liability and counterclaimed for ¢121,919.95 as money owed them by the plaintiff. On the application of the plaintiff, the court on 24 July 1985 referred the question of the accounts between the parties to two accounting experts to be nominated one each by the parties. The plaintiff nominated a Mr. Asmah. The defendants decided to use their accounts clerk, assisted by their solicitor. The registrar of the court was to be the co-ordinator.
The report of the reference was submitted on 24 February 1986. On 10 April 1986, the learned High Court judge, Okunor J, was retired by the Provisional National Defence Council on grounds of ill-health. On 12 June 1986, however, taking the view that he could notwithstanding his retirement complete cases that were part-heard before him, the learned judge s…