The respondent commenced an action in the Commercial Court against the appellant claiming some US 720, 900. 14 damages for breach of contract. The appellant denied this claim and instead counter claimed for US 35.709.72 and K973,737.600.00 a claim which the respondent in its defence to the counter claim also denied. The matter was set down for Scheduling Conference on Ist October, 2001. On that day. the respondent's advocate attended but the appellant's advocate was absent. The respondent's advocate applied for an adjournment because of the absence of the appellant's advocate. The court adjourned the matter to 8th October, 2001, at 09.30 hours and ordered that the appellant pays K150,000.00 to court as hearing fee and awarded costs to the respondent for the adjournment. When the matter came before the Court on 8th October, 2001, both Counsel for the appellant and respondent were present. The court announced that the appellant had not complied with the court order to pay hearing fee as required by the rules. Counsel for the appellant made an undertaking to pay the fee as ordered by the court. Counsel for the respondent raised no objection and said thay could proceed and the money be paid later. The court would have none of this, saying the court did not have the powers Counsel were giving it and that if fees were not paid, the other party must as a matter of law. proceed with its claim. The Court then gave the respondent Judgment for the sum of US 720,900.14, with costs. On 1lth October. 200l, the appellant took out a summons to review the aforesaid judgment. The application to review was heard on 11th November. 2001, and on 16th November. 2001. the court delivered areserved ruling dismissing the application to review. The court took view that the rules of the Commercial Court must be complied with as they were made for a special purpose: that in any case there was no explanation as to why the KI50,000.00 hearing fee was not paid.

1. Which area of English law is applicable in this case

2. which rules are in question

3. What does the rules say at this level

4. the possible questions you can expect in a moot court competition from the judges as the appellant

5. Proceed to cite any relavant english cases, stating their facts, legal issues and holding