RULING OF THE COURT
During the course of this application by the Respondent to the Originating Summons which came before the High Court in July and November of last year, to stay the execution of the Ruling by Porter J of 23rd November, 1983, Mr Nagpal, for the Respondent to this application, has taken a preliminary objection which, he says, goes to the jurisdiction of this Court. He says we cannot, in the circumstances of this case, make any order of a stay, which could, in any event, only be under Rule 5 of this Court’s Rules (Cap 9), as recently amended.
Mr Nagpal has argued that there was no issue before Porter J as to whether the arbitration was competent under Clause 16 of the original agreement between the parties, or as to whether it should proceed. The only issues before the Judge were the application for the injunction, which Nyarangi J (as he then was) had granted ex parte on the 29th July 1983, and which the Respondent sought to continue when the matter came before Porter J,…