ABANCHI APPU v. FERNANDO
1914. Present
: Pereira J.
ABANCHI APPU v. FERNANDO.
395-C. R. Matale, 10,961.
Compulsory reference to arbitration-Action relating to matters of account-Appeal
from order entering up judgment according to award on a compulsory
reference-Court of Requests.
To justify s compulsory reference of the matters in dispute in an action to
arbitration, it is insufficient that the action merely relates to matters of
account. It is further necessary that it should be found by the Judge that the
matters of account are of an intricate and complicated character, and that
therefore the action cannot conveniently be tried in the ordinary way.
An appeal lies from an order by a Court of requests entering op judgment
according to an award on a compulsory reference to arbitration to the same
extent that an appeal lies generally from orders and judgments of Courts of
Requests.
THE
facts appear from the judgment.
Wadsworth, for defendant, appellant.-The order of reference was ultra vires.
Section 5 of Ordinance No. 15 of 1866 states under
what circumstances matters of account can be compulsorily referred to
arbitration. In this case the simple questi
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