In a majority decision of 15/2/2002, the Supreme Court dismissed the Appellants/Applicants' appeal. Five days later, Appellant filed a motion seeking to set aside the said Judgment of the court along with for an order directing that the appeal be argued de novo before a new panel of the Court.

The appellant argued that he was denied a fair hearing, when the Justice in reading the lead judgement ignored a vital issue placed before the Supreme Court by the Appellant/Applicant which in turn amounted to a fundamental error capable of vitiating the Judgment of the Court dated 15/2/2002.

Respondents opposed the Appellants' application, on the grounds that the application violated Order 8 Rule 16 of the Supreme Court Rules and was an attempt to get the Court to sit as an Appellate Court over its decision.