GOOD SHEPHERED MISSION v SYKES and Others [1997-98] 1 GLR  978 - 997

Practice and procedure-Stay of proceedings-Arbitration clause-No time limit set for applications under arbitration clause-Application to be timeous-Dispute between parties to tenancy agreement-Appellant raising issue of arbitration in defence and applying for stay after summons had been filed-Whether application tardy-Whether appellant waiving rights by filing defence-Arbitration Ordinance, Cap 16 (1951 Rev), s 5-Arbitration Act, 1961 (Act 38), s 8.

Practice and procedure-Stay of proceedings-Arbitration clause-Action based on fraud-Dispute between parties to tenancy agreement containing arbitration clause-Action for recovery of possession by respondent landlord on ground agreement induced by fraudulent representations by appellant tenant-Application by appellant for reference to arbitration under agreement dismissed by trial court-Whether trial court justified in assuming jurisdiction over matter-Act 38, s 27(2) [pg 979]