Eke v Parsons: On the Effect of Settlement Agreements made Orders of Court
On 29 September 2015 the Constitutional Court handed down judgment in the matter of Eke v Parsons 2015 ZACC 30, which was taken on appeal from the Eastern Cape Division of the High Court. The facts in the matter were essentially as follows: Mr Eke agreed to stand as surety and co-principal debtor in respect of a sale-and-purchase agreement between the Kevin Eke Family Trust (of which Mr Eke was a trustee) and Mr Parsons for the purchase of a membership interest in a close corporation. Following default of payment of a portion of the purchase price, and subsequent letters…
