South Africa Case Law

Van der Vyver N.O. and Others v Oss Vrystaat Kaap Bedryf Beperk and Another (5859/2015)

Van der Vyver N.O. and Others v Oss Vrystaat Kaap Bedryf Beperk and Another (5859/2015) [2016] ZAECGHC 47 (21 June 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

5859/2015

Judge

S Jacobs

The High Court dismissed an urgent application to stop execution after a settlement order was breached, holding that a guarantee did not justify a stay.

• Stay Of Execution
• Settlement Agreement As Court Order
• Guarantee In Debt Recovery
• National Credit Act Application
• Stay-of-execution
• Settlement-agreement-made-order-of-court

Mellet v Kampherbeek and Another (3093/2013)

Mellet v Kampherbeek and Another (3093/2013) [2014] ZAFSHC 29 (13 March 2014)

Court

Free State High Court, Bloemfontein

Case number

3093/2013

Judge

Lekale

The court found that the order made by agreement was authoritative and compulsive, obliging the first respondent to deliver the specified documents. The respondent's argument that the order only recorded reciprocal contractual obligations was rejected. The order was sufficiently clear and specific to inform the respondent of his obligations. The respondent's explanation for non-compliance was not reasonably possibly true, as he could have indicated the non-existence of documents or refused to agree to the order. The only reasonable conclusion was that the documents existed and were available…

Source excerpt

• Contempt Of Court
• Settlement Agreement As Court Order
• Ad Factum Praestandum
• Wilful Non Compliance
• Costs Punitive Order