The appellant, Cortec a Canadian mining company had applied to the Court Appeal to have a decision by the High Court of Kenya overturned. The respondents argued that there were several sectors and factors which were not granted proper representation and consideration when the decision to grant Cortec with a mining license for prospecting and exploration. The respondents further argued that the area where Cortec was seeking this activity was a heritage site and a forest reserve. The appeal in the Court of Appeal of Kenya was dismissed with costs.