E K M & C M O V. J M M

RULING OF THE COURT

1. The applicants have moved the Court under Sections 3(2), 3A, 3B of the Appellate Jurisdiction Act, Rules 42 and 57(2) of the Rules of the Court seeking “review and/or set aside (sic) its ruling delivered on 21^st April 2016” and for an order that “Civil Appeal No. 14 of 2016 in the Court of Appeal at Kisumu be heard and determined on merit.”

Background

2. In a judgment delivered on 27^th February 2015, the High Court at Kisii decreed that the marriage solemnized on 9^th September 2004 between the respondent and the 1^st applicant be dissolved. The court further ordered the 1^st applicant to refund to the respondent a sum of Kshs. 205,000.00 together with interest being half of school fees and upkeep that the respondent paid for the 1^st applicant while she was in college and “half dowry paid for her”. Aggrieved by that judgment, the applicants lodged a notice of appeal dated 10^th March 2015.

3. By an application dated 3^rd December 2015, the respondent moved the Court to s…