Gopal Sri Ram JCA:

This appeal concerns certain proceedings consequent upon an arbitration between the appellants and the respondent. The matter arose in this way.

The appellants and the respondent were parties to several agreements each of which contained an arbitration clause. Disputes having arisen between them, the parties agreed to refer these to arbitration. For the purposes of this appeal it is unnecessary to go into the events that preceded the making of the award or the nature of the claims made by the parties against each other. Suffice to say that the arbitrator appointed by the parties, by an award dated 8 December 1992, which he published on 28 December 1992, found for the appellants (plaintiffs in the arbitration) on the issue of liability in respect of some heads of claim but disallowed certain others. However, he declined to assess quantum, taking the view that he was not authorised to do so. So, for all practical purposes, the findings on the issue of liability was an interim award. The appellants were dissatisfied with the arbitrator's refusal to adjudicate on the issue of quantum of damages. They entered into correspondence with him on this matter. We w