STATE INSURANCE CORPORATION, TAKORADI vs. BADU

JUDGMENT OF DJABANOR J. This is an application by the defendants herein praying that this action be stayed on the ground that the contract of insurance includes an arbitration clause in terms of the Arbitration Act, 1961.1 Although not so stated in their affidavit it has been submitted on their behalf that they are willing and prepared to go to arbitration upon their differences. Neither party has said that no differences have arisen. The application was resisted on two main grounds, first, that the affidavit did not disclose that the applicants were willing to proceed with the arbitration, and secondly, that the applicants by filing a statement of defence, have taken a step in the action and are thereby precluded from relying on the arbitration clause, and therefore a stay should not be granted. This submission is founded on sound principles. But it seems to me that the plaintiff-respondent must also state that he has been willing to invoke the arbitration clause and that the defe...