Growthpoint Properties Ltd v Makhonya Technologies (Pty) Ltd and Others (67029/2011)
Growthpoint Properties Ltd v Makhonya Technologies (Pty) Ltd and Others (67029/2011) [2013] ZAGPPHC 43 (12 February 2013)
The court held that its jurisdiction to make a settlement agreement an order of court is not dependent on the existence of pending proceedings or on provisions in the Rules. The High Court's inherent jurisdiction and section 19 of the Supreme Court Act, 1959, empower it to determine any existing right or obligation at the instance of an interested party. The settlement agreement resolved a prior dispute and confirmed an existing debt, and the parties expressly agreed that it could be made an order of court. The absence of litigation prior to the agreement does not preclude the court from gran…
Source excerpt
- Settlement Agreement
- Enforcement Of Debt
- Inherent Jurisdiction
- Confirmation Of Existing Debt