Taking of Accounts

The taking of accounts, particularly under Order 43 of the Rules of Court, is a process whereby a Registrar determines the quantum involved in a dispute, such as, for example, the partnership profits to be shared. This involves examining financial documents such as bank statements, invoices, payment vouchers, profit and loss statements and business ledgers. The ultimate aim is to allocate to the respective parties their share of the quantum concerned.

The Court may, on an 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.

Where a Writ is endorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has entered an appearance or after the time limited for appearing, apply for an order under Order 43 rule 1 of the Rules of Court.

A defendant to an action begun by Writ who has served on the plaintiff or any other party a counterclaim which includes a claim for an account or a claim which necessarily involves taking an account may also apply for an order under Order 43 rule 1 of the Rules of Court.

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