The four applicants are defendants in Commercial Case No. 119 of 2015 pending in this court in which they have been sued together with two others by the Respondent; seeking a number of reliefs. In the present application, the applicants are seeking, inter alia, an order for the Respondent to deposit in court the sum of USD 2,000,000.00 as security for costs in respect of the said Commercial Case No. 119 of 2015. They have essentially made that application under Order XXV rule 1 (1) and section 95 of the Civil Procedure Code [Cap 33 R.E. 2002]. The application is supported by an affidavit of the first applicant. It is the applicants’ averment that the Respondent has not filed any counter-affidavit to challenge the application because the Respondent filed a counter- affidavit in respect of Application No. 166 instead of Application No. 163.

