De Wet v Senwes Bpk (858/2004)
De Wet v Senwes Bpk (858/2004) [2005] ZAFSHC 103 (8 September 2005)
The court found that the settlement agreement, made an order of court, extinguished all previous obligations between the parties and replaced them with the terms of the compromise. Clause 3 of the order confirmed the cession of the proceeds of policy number 10998671X1 to the defendant and required the plaintiff to maintain the policy. The ordinary meaning of the clause, in context, was that the defendant is entitled to the full proceeds of the policy. The plaintiff's claim for re-cession was therefore dismissed, and the defendant's counterclaim for cession of the policy proceeds was granted.…
Source excerpt
- Contractual Settlement
- Cession Of Policy Proceeds
- Interpretation Of Court Order