RULING OF THE COURT
On 23rd April, 2012, Civil Appeal No. 16 of 2007, came up for hearing before this Court differently constituted. Neither the appellant, nor the respondent nor their respective advocates were in court when the appeal was called out for hearing. The Court then made orders as follows:-
“On this appeal being called out for hearing this morning, neither the appellant nor the respondent is present though both were duly served with the hearing notice of today's hearing.
In the circumstances, the appeal is dismissed pursuant to Rule 102 (1) of this Court's Rules.
We make no orders as to costs.”
Thereafter, no activities are traceable in the file till 7th June, 2013, when the appellant, Kitts Mbati Mukonyole, filed this Notice of Motion before us dated 3rd June, 2013, in which he is seeking two Orders namely:-
“1. That the honourable court be pleased to set aside or vary the orders issued on 23rd April, 2012, dismissing the applicant's civil appeal No. 16 of 2007 under S. 102 (1)…