ESSILFIE AND ANOTHER v TETTEH AND OTHERS [1995-96] 1 GLR 297 - 309

Courts—Ouster of jurisdiction—Validity—Effect of right to adjudication on exclusionary clauses in contract—Circumstances in which recourse to domestic tribunal permissible—Circumstances for assumption of jurisdiction by court—Burden on Plaintiff seeking court's interference with contractual position.

Practice and procedure—Ouster of court's jurisdiction—Proper order—Agreement to refer disputes initially to domestic tribunal—Whether constituting submission to arbitration—Proper order to apply for where defendant seeking exhaustion of domestic remedies—Whether defendants' application to set aside plaintiffs' writ proper.