GENESIS TURBULARS LTD & ANOR vs. SPRINGFIELD EXPLORATION & PRODUCTION LTD. & ANOR

Welbourne (Mrs.), JA Issues raised in the instant application for stay of proceedings can be summarized as follows: I. That the appeal raises an issue as to the jurisdiction of the court to determine plaintiff’s suit. II. That reference to arbitration is a creature of statute therefore the trial court would be in violation of statute should it proceed to hear applicant’s case. III. That challenge of the jurisdiction of the court amounts to special circumstances for stay to be granted. IV. That filing of the statement of defence as ordered by the trial court would amount to waiver of applicant’s right to arbitration under the agreement. V. The refusal of the application would render a successful appeal nugatory because respondent would have commenced its case and possibly concluded same in respect of a dispute which under the agreement ought to be referred to arbitration. The thrust of the opposition raised to the application are as follows: 1. That there is no dis...