RULING OF THE COURT
The application before us is a strange one. Expressed as brought under Rule 35(1) of the Court of Appeal Rules, by Meshack Ochieng T/a Mecko Enterprises who was the 1st respondent in Civil Appeal No. 54 of 2015, it seeks orders;
“1. That, the 2nd, 3rd , 4th and 5th respondents herein in order (3) are hereby ordered to settle interest of late payment of Kshs. 32,616,629.80 to Meshack Ochieng’ the 1st respondent herein payable within thirty (30) days from the date hereof with interest at the rate of 20.5% in full payment.
2. Cost of application and appeal be awarded to the applicant.
3. The court to certify the matter as urgent.”
The first of those orders seeks a substantial determination in the question of interest for late payment of a decretal sum which the applicant computes at Kshs 32,616,629.8, which should then attract further interest at 20.5% per annum until payment in full.
In grounds forming the basis for the application, the motion on its face lists excerpts fr…