Eke v Parsons

Cited on the measure of public policy against constitutional values.

Court applies the principles for interpretation of court orders, ascertaining the manifest purpose from the language read as a whole.

Cited in the concurring judgment for the duty of courts to grant appropriate and effective orders, especially where constitutional property rights are involved.

Cited for the proposition that the Constitution protects the fairness, not the correctness, of court proceedings.

Cited for the principle that courts may depart from strict observance of rules where the interests of justice so dictate.

Cited for the definition of civil contempt and its consequences, including that non-compliance with a court order may amount to a criminal offence punishable…

Cited for the principle that contempt of court can lead to serious criminal consequences.

Court applies the principle that section 173 inherent power is a discretion in the strict sense and may be interfered with on appeal only if the court did not…

Court distinguishes and rejects this case to the extent that it relied on Thutha, as it adopted the same flawed approach to settlement agreements.

Cited for the principles of interpretation of court orders.

Applied the principles that settlement orders bring finality to disputes and must accord with the Constitution, law, and public policy; courts must not…

Applied for the proposition that a settlement agreement made an order of court becomes an enforceable court order which may be enforced through contempt…

General principles of interpretation apply to construction of court orders.

Court applies the principle from Eke v Parsons that court orders must be framed in unambiguous, practical and enforceable terms, leaving no doubt as to what…

Cited for the principle that a settlement order is res judicata and finally disposes of issues, and that such an order is binding and must be complied with…

Hughes J applied this Constitutional Court decision which held that a court could only properly make a settlement agreement an order of court if it related to…

Cited as endorsing by the Constitutional Court the Finishing Touch test for determining the manifest purpose of a judgment by having regard to the judgment as…

Cited for the principle that where strict adherence to a rule results in substantial injustice, a court will grant relief to prevent such injustice.

The court applies this case to explain that a settlement agreement made an order of court precludes a party from relying on a cause of action or defence that…

Court applies principle that a settlement order changes the status of rights and obligations between parties and brings finality to the lis, making it res…

Applied for the principle that a court must not be mechanical in adopting the terms of a settlement agreement and that an order must be competent and proper…

Cited for the proposition that courts are bound by the principle of legality and cannot grant illegal orders.

Applied for the principle that court orders are interpreted in the same manner as other documents, by determining the manifest purpose from the language of the…

Cited for the proposition that a court may only make an agreement between parties an order of court if it is competent and proper, meaning it must relate…

The Constitutional Court endorsed the approach that the manifest purpose of the order must be determined when interpreting court orders.

Cited for the principle that the true nature of a court order is determined by its substance and not its form.

CompSol relied on Eke for the principle that once a settlement agreement is made an order of court, it is an order like any other, and will be interpreted like…

Cited for the rule that the effect of an order is determined with reference to its language and manifest purpose.

Cited for the principles applicable to construing a judgment or order, including that settlement orders must be clear and the general principles of document…

Cited as confirming the principles stated in Finishing Touch regarding interpretation of judgments.

The Constitutional Court's description of the effect of a settlement order in changing the status of rights and obligations and making the lis res judicata is…

Court applies the principle that a court order must be effective, enforceable and immediately capable of execution.

Court order binds parties and res judicata applies even where judgment is by consent.

The court applies the established test for the interpretation of court orders as set out in Eke v Parsons.

Firestone's principles regarding interpretation of orders were quoted with approval in this case.

Followed for the principle that an unauthorised agreement cannot be legitimised through a court order.

Cited for the principle that a compromise brings a dispute to an end and bars legal proceedings in respect of the original or disputed cause of action.

Cited for the principle that a compromise brings the dispute to an end and bars legal proceedings in respect of the original or disputed cause of action.

Applied to explain the legal principles that guide whether a settlement agreement should be made an order of court, including that the agreement must relate to…

Applied the principle that a compromise or settlement sought to be made an order of court will only be sanctioned if it accords with the Constitution and the…

Cited for the principle that the court's intention must be ascertained from the language of the order interpreted on its terms and the court's reasons as a…

Applied to hold that settlement agreements incorporated into court orders change the status of rights and obligations and bring finality to the lis between the…

Cited for the principle that a court order changes the terms of a settlement agreement to an enforceable court order through execution or contempt proceedings,…

Cited for the proposition that rules exist for the court, not the court for the rules, and courts may depart from strict observance of the rules where the…

Cited for the principle that a court order must bring finality to the dispute, be clear, exact compliance, and be capable of being enforced.

The Constitutional Court held that a court order must be interpreted on the ordinary meaning of the words used in context; the court applies this principle to…

Cited for the Constitutional Court's observation that court rules should not be observed for their own sake and courts may depart from strict observance where…

Court applied the principle that a settlement agreement made an order of court precludes a party from relying on a cause of action or defence that could have…

Quoted for the effect that a settlement agreement made an order of court brings finality to the lis and becomes enforceable as a court order.

Applied for the considerations that determine whether it would be competent and proper to make a compromise an order of court and for the principle that the…

Court applies the established principle from Eke v Parsons that a court's intention in an order is ascertained primarily from its language and reasons read as…

Applied for the principle that when a settlement agreement is embodied in a court order, it changes the status of the rights and obligations between the…

Court applies the three requirements set out in Eke for when a settlement agreement should be made an order of court: the agreement must be related to the…

Applied the principle that in ascertaining the meaning of a court order, one must have regard not only to its language but the context found in the court's…

Cited for the principle that a settlement agreement made a court order must be competent, proper, accord with the Constitution and law, and not be at odds with…

Cited by the first respondent to support the argument that the dispute is arbitrable and does not fall within the purview of s 2(a) of the Arbitration Act.