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Civil Procedure [2018] ZAECGHC 85

Mathimba and Others v Nonxuba and Others (2946/2017)

Mathimba and Others v Nonxuba and Others (2946/2017) [2018] ZAECGHC 85; [2018] 4 All SA 719 (ECG); 2019 (1) SA 550 (ECG) (18 September 2018)

The court found that a binding settlement agreement was reached between the applicants and the first and second respondents on 9 November 2017, as recorded in the draft order JA4, which did not include interest on the capital sum. The omission of interest was not an operative mistake or oversight justifying rectification or avoidance under the iustus error doctrine. The agreement was upheld as full and final settlement. The court further held that the contingency fee agreement AM15 did not comply with the Contingency Fees Act 66 of 1997, as it failed to properly structure the fees of both att…

  • Contingency Fees Act
  • Settlement Agreement
  • Attorneys Trust Account
  • Statutory Fee Cap
  • Contract Rectification
  • Party And Party Costs
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