Eke v Parsons: On the Effect of Settlement Agreements made Orders of Court

Eke v Parsons: On the Effect of Settlement Agreements made Orders of Court

On 29 September 2015 the Constitutional Court handed down judgment in the matter of Eke v Parsons 2015 ZACC 30, which was taken on appeal from the Eastern Cape Division of the High Court. The facts of the matter The facts in the matter were essentially as follows: Mr Eke agreed to stand as surety and co-principal debtor in respect of a sale-and-purchase agreement between the Kevin Eke Family Trust (of which Mr Eke was a trustee) and Mr Parsons for the purchase of a membership interest in a close corporation. Following default of payment of a portion of the…
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