JUDGMENT OF TAYLOR J.
By his writ of summons of 17 September 1968 the plaintiff-respondent hereinafter to be referred to in this judgment as the respondent claimed against the defendant-appellants hereinafter referred to as the [p.370] appellants the sum of' N¢480.60 "being rents, water and electricity bills, etc. unpaid by the defendants while occupying plaintiff's house No. 8 Block 12, Old Amakom, Kumasi." The writ was supported by an affidavit in paragraph (12) of which the details of the claim were spelled out; and in paragraph (15) the respondent applied for the cause to be placed on the undefended list.
The appellants were duly served on 23 September 1968 and the return date was stated in the writ of summons as 30 September 1968 thus giving the appellants seven days to take steps to answer the claim if they had a defence. However, on the return day Mr. Karikari holding brief for Mr. Mensa-Bonsu for the appellants applied to the district court grade I presided over by his worship Mr. A. Essilfie-Bondzie for an adjournment to attempt a settlement. Mr. Adusei holding brief for Mr. Owusu Yaw for the respondent is not recorded as saying anything and I shall interpret his silence as acquiescence in the line of conduct envisaged by the appellants. The case was accordingly adjourned to 14 October 1968. On that day when the case was called Mr. Asiedu appeared for the appellants and applied again for "an adjournment to enable his clients to effect settlement." Mr. Boateng holding brief for Owusu Yaw agreed and the case was once again adjourned to 28 October 1968. On the said adjourned date the respondent appeared in person but the appellants were represented by Mr. Asiedu. The parties are not recorded to have made any application and the court presided over by his worship Mr. Essilfie-Bondzie apparently on its own motion decided that the case involved accounts and made the following order: "I hereby refer the case to a referee to go into accounts between the parties and to report his findings to the court. The registrar of this court is appointed referee." The case was then adjourned sine die.
Meantime on 23 July 1970 the registrar completed his report. It is an interesting document as the registrar proceeded apparently as a tribunal and heard evidence on oath from the respondent and the appellants not merely on the state of the accounts but on circumstances giving rise to each item of claim. It was in fact a summary trial of the cause before the registra
