This appeal originates from the decision of the High Court,
whereby, the Respondent instituted an application seeking an order to restrain
the applicant from taking adverse action against her pending the determination
of a reference to arbitration. However, at the time of institution of the
application, the Respondent had not initiated any arbitration proceedings just
as there was no pending suit between the parties. As a result, the Appellant
raised a preliminary point of objection to the effect that, there being no
pending suit and arbitration proceedings, the application before the High Court
was premature and incompetent. The Court overruled the preliminary point of
objection and proceeded to grant the requested restraint order. Dissatisfied,
the Appellant lodged this appeal seeking to impugn the verdict of the High
Court. Before hearing started, the Respondent filed a Notice of preliminary
point of objection to the effect that no leave to appeal was sought by the
Appellant ahead of the institution of the matter at hand contrary to section
5(l)(c) of the Appellate Jurisdiction Act. The main issue before the Court is
whether or not the decision giving rise to this appeal was made by the High
Court in a suit under the Civil Procedure Code to come to terms with section
5(1) (a) of the Appellate Jurisdiction Act, Cap 141.