"Where the evidence upon the record is sufficient to enable the High Court to pronounce judgment, the High Court may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the judgment of the court from whose decree the appeal is preferred has proceeded only upon some ground other than that on which the High Court proceeds. The rules enact the same principles in Selle and another v Associated Motor Boat Company Ltd and others [1968] 1 EA, Peters v Sunday Post Limited [1958] 1 EA 424 as well as the English authorities in King versus Thompson [1914] 2 KB 99, John Harris (1910) Criminal Appeal Cases page 285 and William Robert Powell (1921) Criminal Appeal Cases, 23. In the premises if there is some material on the record to determine the appeal on the merits irrespective of the grounds argued, it is in the interest of justice that the High Court should finally determine the issue of objection to the trademark conclusively even if the parties had not referred to the materials on court record. In the premises I now proceed to determine the appeal taking into account the grounds of the notice of motion, and the submissions of Counsel as well as the law the pleadings before the Registrar and the evidence on record. In order to proceed on the basis of a systematic understanding of the issues in the appeal I will first consider the evidence and conclusions of the Registrar before resolving the issues. Secondly I will not follow the same order in which the grounds of appeal were presented or argued and will consider the grounds as they arise in the flow of my own findings. The background to this appeal is sourced from the record of appeal and is that the Appellant is Nairobi Java House Ltd and its application for registration of the trademark "Java house" and "Java Sun" as well as "Nairobi Java house Coffee & Tea " were disallowed by the Registrar of Trademarks hence this appeal. The Appellant established by affidavit that it had used the word "Java" in Kenya and seeks to expand its business into Uganda. The Applicant‘s effort to expand its business included the application to register the above trademarks which were successfully challenged by the Respondent. Emphasis on the word ―Java‖ is the basis of the decision of the lower tribunal that it was the standout word upon which the trademarks sought to distinguish.