This was a second appeal to this Court from
the decision of the Court of Appeal in which
the court upheld the Ruling of the High
Court and dismissed the appellant’s appeal
with costs. The background is that the
respondent sued the appellant for breach of the

contract at high court and the appellant denied
the existence of a contract with the respondent
hence no cause of action. The trial court stayed
the matter until a hearing on the evidence was
conducted and the court of appeal found a
cause of action and ordered a hearing at high
court. The appellant dissatisfied with the
decision appealed to this court on the ground
that the trial judge had discretion on the
existence of a cause of action.