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TWALA J
[1] This is an application for leave to appeal the judgment and order of this Court handed
down electronically on 15 December 2025 wherein the applicant’s claim was
dismissed with costs on a party and party Scale A.
[2] It is a trite principle of our law that leave to appeal may only be given where the
Judge or Judges concerned are of the opinion that the appeal would have a
reasonable prospect of success or where there is some other compelling reason why
the appeal shoul d be heard, including conflicting judgments on the matter under
consideration. (See section 17 (1)(a)(i) and (ii) of the Superior Courts Act, 10 of
2013).
[3] The grounds for the leave to appeal are succinctly stated in the notice of application
for leave to appeal and I do not intend to repeat them in this judgment. Furthermore,
I would like to express my gratitude and appreciation to the counsels of the parties
for the concise heads of argument and submissions made therein.
[4] I am satisfied that I have covered and considered all the issues raised in the
application for leave to appeal in my main judgment. I am therefore not persuaded
by the applicant that there are reasonable prospects of success in this appeal. Put
differently, I am of the view that there is no prospect that another Court would come
to a different conclusion in this case. The unavoidable conclusion is t herefore, that
the application for leave to appeal the judgment falls to be dismissed
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Delivered: This judgment and order was prepared and authored by the Judge whose
name is reflected and is handed down electronically by circulation to Parties
/ their legal representatives by email and by uploading it to the electronic file
of this matter on Case Line s. The date of the order is deemed to be
24 February 2026.