HARRIS HORN JUNIOR & HARRIS HORN SENIOR V. VIJAY MORJARIA

R U L I N G

In a judgment dated and delivered by the superior court (Muga Apondi, J.) on 16^th June, 2006, the applicants herein Harris Horn Junior, and Harris Horn Senior, the first and second applicants respectively were ordered to pay to the respondent Vijay Morjaria Ksh.22,500,000/= together with interest at court rates from 1^st February, 2003 upto date of full payment. They were also to pay costs of the suit. The applicants felt aggrieved with that judgment and intended to appeal. They filed notice of appeal through their advocate timeously on 29^th June 2006. Thereafter, they did nothing in pursuit of the appeal.

There is some evidence from the record that on 6^th July 2006, the applicants, through their advocate, made an application in the superior court for review of the judgment under Order 16 rules 4, 44 and 50 of the Civil Procedure Code. In order to do so, the applicants purported to withdraw the notice of appeal filed on 29^th June 2006. Unfortunately, that attempt to withdraw…