This is an application for stay of execution of judgment pending appeal. The
application is contested.
The background to the matter shows that the present matter commenced on 3rd
February, 2011. The appellant failed to file and serve a defence and a default
judgment was entered against them on 3rdOctober, 2011. It took the appellant until
13th March 2013 to obtain a stay of execution of the default judgment exparte pending
an application for an order setting aside the judgment. The application to set aside
judgment was never filed and the respondent filed an application for an order
vacating the stay order. On 16th September, 2013 it was ordered that the appellants file
within 14 days the application to set aside judgment failing which the order of stay
would be vacated. The appellants did not comply and on 26th March, 2015, the High
Court issued an order vacating the order of stay of execution of judgment. On 5th June,
2015 the appellants filed an application to set aside the order of 26th March 2015 and
on 28th October, 205 they filed a notice of appeal.