This is a second appeal, the original suit in the
High Court was dismissed, and a subsequent
appeal to the Court of Appeal was also
dismissed. Hence this appeal. The background
is that the appellant plied the suit route which
was subsequently licensed to other transport
companies. The appellant sued the licensing
board on the grounds that the award of the
licence to the other two operators was
fraudulent and since it was not given a hearing
before granting the licenses, the licenses were
illegal. The suit failed at trial and the appeal
also was dismissed for lack of merit hence this
appeal on the ground that that the learned
Justices of appeal erred in mixed fact and law
in holding that the appellant did not prove the
alleged fraud to the required standard.