RULING OF THE COURT
This is an application by way of Notice of Motion brought under Rule 39 of the Court of Appeal Rules in which the applicants are seeking leave to appeal from the decision delivered by the superior court on the 31st March, 2004. The applicants also seek the costs of and incidental to this application to be awarded to them. The application which is supported by the affidavit of the 1st applicant, Sadrudin Kurji, is brought on the following grounds:-
“(a) THAT the applicants wish to appeal from the ruling delivered by the superior court on the 31st day of March, 2004 and require leave to do so.
(b) THAT the applicants applied to the superior court for leave to appeal from the said decision which application was dismissed on the 29th day of July, 2004.
(c) THAT the intended appeal will raise serious issues of law to be determined by this Honourable Court and the interest of justice requires that leave to appeal be granted.”
When this matter came up for hearing before us, we…