G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): There is no substance in this appeal the appellants, who were the plaintiffs in the court below, are by their claim No. 1 and first alternative seeking in effect a declaration to rubber-stamp a purported finding in their favour by an Arbitration Board set up pursuant to the provisions of Decree No. 55 of 1969. The learned trial judge held, rightly in our view that having got the same type of declaration before the Arbitration Board as their claim postulates, they are estopped by the principle of "former recovery" from asking for the same remedy in his court.
We think the judge was right in this approach and we see nothing wrong with the refusal of the principal claims and the first alternative claim. The second alternative claim is for an injunction. The learned trial judge thought, as we do ourselves, that in view of paragraph 13 of the appellants' statement of claim, which states that the defendants have not threatened any in…