RULING OF THE COURT
The applicant company filed the notice of motion dated 20th September, 2013 under Section 91 of the Civil Procedure Act, Sections 3(2), 3(3), 3A, 3B of the Appellate Jurisdiction Act as well as Rule 57(2) of the Court of Appeal Rules with two substantive prayers:
(i) that the respondent make restitution of all sums obtained by it from the applicant by a decree in HCCC 106/2002;
(ii) that the sums aforesaid be paid with interest at Court rates with effect from 1st May, 2003 until payment.
The grounds in the body of the motion and the deposition in the supporting affidavit were presented by Mr. A. Wandabwa, learned counsel for the applicant while Mr. A. A. K. Esmail, learned counsel for the respondent opposed the application relying on the replying affidavit filed here on 5th June, 2014.
Mr. Wandabwa told us that the respondent/plaintiff in the HCCC 106/2002, got an ex parte judgment against the applicant, who had failed to file a defence, in the sum of Sh.33.9 million. T…