Often disputes end in a settlement as legal practitioners we
encourage that. In Absa Bank Limited v Future
Indefinite Investments 201 (Pty) Ltd and others [2020] JOL 48740
(WCC) the Court was faced with determining whether a settlement was
just that.
Facts
Absa applied to Court for a judgment against the defendants for
payment of R617 597.47 plus interest and attorney/client costs,
coupled with an order declaring the first defendant's immovable
property specially executable. Absa's claim is founded on a
written loan agreement.
On the other hand, the defendants seek orders directing Absa to
sign a particular 'settlement agreement', and for
same to be made an order of Court, alternatively that they are
ordered to pay R700 000 in instalments of R25 000 per month for a
period of 28 months with effect from 1 September 2020, with each
party to pay their own costs, save that attorney/client costs are
sought, it would seem, from 14 August 2020.
