RULING OF THE COURT
On 10 March 2000 when this appeal was still part-heard the Court of its own motion ordered that the advocates for the parties herein make their respective submissions on 27 March 2000 on the question as to whether the appellant has a right of appeal to this Court from the decision of the superior court given on 15 April 1999.
The plaintiff filed a suit in the superior court claiming an injunction and damages arising from a sub-contract agreement made between the parties whereby the plaintiff undertook to execute certain road works. The defendant applied for a stay of the suit against it on the ground that it was brought in respect of a matter which the plaintiff had agreed to refer to arbitration. The plaintiff took some preliminary objections to the application which the learned judge heard and, having done so, he dismissed them. It is against that decision that this appeal has been brought.
The question is whether an appeal lies. The appellant contends that it does …