Ubisi and Another v Road Accident Fund (711/2023)
Ubisi and Another v Road Accident Fund (711/2023) [2024] ZASCA 93 (11 June 2024)
The Supreme Court of Appeal held that once parties have settled their dispute, the court's jurisdiction to pronounce on the merits is terminated. The High Court was not obliged to make the settlement agreement an order of court, but it had no power to set it aside when its validity was not challenged. The High Court's adverse findings of fraud and dishonesty against the legal representatives were made without evidence and without affording them a fair hearing, rendering those findings manifestly unjust. The proper course was to make the draft order agreed by the parties an order of court, as…
Source excerpt
- Settlement Agreement
- Road Accident Fund Act
- Court Jurisdiction
- Res Judicata
- Adverse Costs Order