Sherman Nyongesa and Mutubia Advocates vs ACA - Environment and Land Court at Mombasa
SHERMAN NYONGESA & MUTUBIA ADVOCATES::::::::::::::::APPLICANT
VERSUS
ANTI-COUNTERFEIT AGENCY::::::::::::::::::::::::::::::::::::::::RESPONDENT
RULING
The application is dated 4th March 2024 and is brought pursuant to the provision of paragraph 11(3) of the Advocates Remuneration Order and Order 51 of the Civil Procedure Rules seeking the following orders;
- Leave be granted to the Respondent to appeal the decision of the Honourable Judge delivered herein on 28th February 2024 to the Court of Appeal.
- Costs be in the cause.
It is premised on the following grounds that the Respondent is aggrieved by the decision of the Honourable Judge delivered herein on 28th February 2024. The Respondent did obtain a copy of the aforesaid decision on 29th February 2024 and has since studied it. That an appeal to the Court of Appeal on the decision of the Honourable Judge is premised upon leave of the Honourable Judge. The Respondent has consistently raised legal and jurisdictional questions from the onset that have not been resolved to its satisfaction and requires that the same be determined finally by the Appellate Court. The legal and jurisdictional questions require final certainty and determination that can only be granted by the Appellate Court, the Court of last resort in the present circumstances of this case. All the legal and jurisdictional questions, in the circumstances of this particular case, are arguable and require finality that can only be granted by the Appellate Court. It is imperative, in furtherance of the Respondent's right to access justice, that leave prayed for herein be granted. The application has been made expeditiously and without any undue or unreasonable delay. It is further premised on the Supporting Affidavit of Naylor Deputy Director Legal Services of the Respondent.
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