Today a New York appeals court is going to hear a case that will decide if chimpanzees should be given the same rights as people because of their comparable intelligence. 

The case was brought to attention by Tommy, a 26-year-old chimp who lives alone in the shed of his human owner's home.

Tommy even has a lawyer backing his side of the case.

Steven Wise, a Boston attorney who has spent decades seeking human-like rights for intelligent animals, is fighting to have Tommy released to a chimp sanctuary in Florida. He claims the "dark, dank shed" in New York where Tommy is living alone (his owner lives in a separate house) is unlawful imprisonment, reports NBC News.

 Patrick Lavery, Tommy's owner, waved his right to make an argument in the case.

However, last year, when the lawsuit was filed, Lavery said Tommy's shed was a state-of-the-art facility that's worth $150,000. He added that Tommy was on a primate sanctuary list for three years, RTE reports.

Richard Epstein, a New York University law professor, tells The Guardian Wise's case is flawed because they would still need to be looked after in the human world, pointing out that chimpanzees eat monkeys.

If Wise's case is successful he thinks this could be a milestone for the rights of all intelligent animals including elephants and dolphins, reports NBC News.

The case came back to court this year after Wise filed an appeals form for the chimp - which is traditionally filled out only for humans. The case has the potential to make it all the way to the Supreme Court, reports The Guardian.