The Applicant sought leave to appeal to the Court of Appeal
in terms of section 5(1) (c) of the Appellate Jurisdiction Act, Cap 141 to
challenge the decision dismissing its suit on a mention date. The Applicant
stated that the High Court had no jurisdiction to dismiss a suit fixed for
mention. The Respondent resisted the application stating that there were no
sufficient grounds to justify the grant of leave as there was no point of law
worth taking to the Court of Appeal.