JUDGMENT OF THE COURT
The parties in this appeal were a couple. However, their marriage was dissolved by the High Court on 12th July, 2017. The parties thereafter filed a consent in respect of maintenance and division of matrimonial properties. The consent was subsequently adopted as an order of the court.
On 1st November 2007 the appellant filed a notice of motion seeking to review the extracted Decree Nisi and the consent order. The appellant also sought an alternative prayer for stay of the implementation of the terms of the consent order until certain pre-requisites were performed by the respondent. The ruling on the application was delivered on 29th January 2009, by Rawal, J (as she then was) and was to the effect that;
“(i) The implementation of each and every term of the consent be and is hereby stayed until and unless the respondent complies with the pre-requisite to give effect to the consent equitably, fairly and justly to both parties.
ii. The respondent or in her failure, the …