By a Notice of Motion dated 10 June 2010 the applicants applied for the following
Ls That the 1‘ and 2" Applicant be granted leave to appeal from the Ruling of the
Honourable Justice N.C. Browne-Marke J.A. dated the 10" day of November
2. That the costs awarded by Order dated the 28" day of May 2009 be stayed
pending the hearing and determination of this application.
3. Any further or other relief.
The application is supported by 25, paragraph affidavit and 15 exhibits and is opposed
by the respondent who filed an affidavit in opposition with exhibits attached. | will first of all
dispose of the respondent’s contention which dwells principally on issue of jurisdiction in this
jurisdiction. Mr Macauley in opposing this application cited a good number of cases both local
and foreign but in my view though they appear to be formidable but they can only be useful in
consideration of the appeal on its merits. For instance, the case of A.P. Muller V. Hadson
Taylor Civ. App.10/88 was an appeal from my decision of November, 6 1987. It was a ruling
on exclusive jurisdiction clause in a Bill of Lading, That was a shipping matter. AII the other
-.jisgues raised upon which authorities were cited are ones that the proper forum to consider
them is the Court of Appeal and not in an application of this nature.
Turning to the application before this court. Our main concern here is whether the
applicants have discharged the onus of showing prima facie good grounds of appea]. In
moving this Court Mr. Shears-Moses drew our attention to several salient paragraphs in the
supporting affidavit as well as in the exhibits attached which are self-explanatory. In
considering them we did not lose sight of the fact that the applicants are strictly maintaining
that they have a jurisdictional issue to be determined on appeal. Bearing also in mind that the
applicants are exercising their Constitutional right we feel that they should not be denied the
right. In the circumstances, we grant the leave sought as prayed. Applicants to file and serve
their appeal within seven (7) days from the date hereof.