JUDGMENT OF THE COURT
This is a first appeal by Ryce Motors Limited (the appellant) from the ruling and order of the High Court (Warsame J.) (as he then was) issued on 31st October 2000, dismissing the appellant’s application dated 28th June 2007 for lack of merit. The application sought to review the judgment and decree of the High Court given on 29th May 2002. It also sought that the judgment or decree given in favour of Jonathan Kiprono Ruto (the 1st respondent) in the counterclaim be reversed and set aside, or in the alternative that the judgment and decree be expunged from the court record. In this appeal, the appellant seeks that the said application dated 28th June 2007 be allowed with costs and that the Ruling and Order issued on 31st October 2007 be reversed.
In order to place this matter in its proper perspective, it is necessary for us to recapitulate the facts and circumstances that led to the impugned Ruling. The appellant filed High Court Civil Case No. 559 of 1995 at the …