The applicant sold land to the respondent who immediately occupied it with unpaid balance. The applicant
sued the respondent for the balance and a consent judgment was entered. The respondent applied to
court which set aside the consent and the ensuing execution, although execution had ensued and a third
party had bought the land and as the respondent was still in possession. The respondent successfully sued
the applicant for recovery of the land and the applicant’s appeal in the high court was dismissed this
appeal on which the application is premised. The applicant applied to the high court for stay of execution
which was dismissed hence the application.