Judgment No. SC 10/18 Criminal Appeal SC 185/14 1. The order issued by this Honourable Court under HC4641/13 dated 10 th July 2013 be rescinded and or varied by the deletion from the order of that part of paragraph 2 thereof requiring applicant to pay interest on the sum of US$70 719,00 calculated at the rate of 5% per annum calculated from the 1 st December 2008 to the date of payment in full. 2. The respondent shall pay the costs of this application.” THIS APPEAL The appellant has now appealed to this Court on the singular ground that the High Court in HC154/14 erred in finding that the order made by the same court in case No. HC 4641/13 was erroneously granted and that consequently it was liable to be rescinded or varied in terms of r 449 (1) of the High Court Rules, 1971. The appellant’s contention before this Court was that when the learned Judge in HC154/14 set aside the order in HC4641/13 and substituted it with what she thought was the correct order, she did so on the basis that the judge in HC4641/13 was wrong. It was contended that this constituted an incompetent review of the judgment or order of a judge of parallel jurisdiction. It was also argued that r 449 was not intended for and is not applicable in situations where a party who knows about proceedings instituted against it chooses to ignore them. It was further submitted that it was substantively wrong for the learned Judge in HC154/14 to find that there was no legal basis for the judge in HC4641/13 to accede to the application made for payment of interest. The respondent on the other hand contended that r 449 can be used to rescind judgments that are substantively wrong. It was submitted that in terms of r 449 a High Court judge can review the judgment or order of another High Court judge of parallel jurisdiction. 3