Order 42 — Amicable Settlement
Rule 1 Court may adjourn for parties to reach agreement.
Where at any stage of a proceeding, the parties indicate to the Court that they desire to explore the possibility of reaching an amicable settlement of the matter or an adjournment for that purpose, the Court may adjourn the matter for a reasonable time to enable the parties to explore the possibility of settlement or to reach an amicable settlement.
Rule 2 Filing of Terms of Settlement.
Where the parties have reached an amicable settlement of the matter, they shall reduce the terms of such settlement into writing and file the same with the Court.
Rule 3 Content of Terms of Settlement.
The Terms of Settlement shall be clear, concise and unambiguous and shall state the terms agreed upon by the parties.
Rule 4 Parties to sign Terms of Settlement.
The Terms of Settlement shall be signed by all the parties to the matter or their counsel.
Rule 5 Signing and sealing of Terms of Settlement by representative of corporate body, etc.
Where a party to a Terms of Settlement is a body corporate, the Terms of Settlement shall be signed by the Chief Executive Officer, Director, Secretary or any other principal officer of the body corporate and the seal of the body corporate shall be affixed thereto.
Rule 6 Terms of Settlement to be entered as Judgment of the Court.
Upon the filing of the Terms of Settlement, the Court shall set down the matter for the purpose of adopting the Terms of Settlement as its judgment and shall enter judgment in terms thereof.
Rule 7 Adoption and entering of terms of settlement as Judgment of the Court.
On the date fixed by the Court, parties or their counsel shall adopt the said Terms of Settlement, and move the Court to enter the Terms of Settlement as the Judgment of the Court.
Rule 8 Party may apply for adoption of terms of settlement at earlier date.
Any of the parties may by motion on notice, supported by an affidavit deposing to the facts that the parties have settled amicably, attach the Terms of Settlement, and move the Court to adopt the Terms of Settlement at a date earlier than the date fixed by the Court for the adoption of the Terms of Settlements as its Judgment.
Rule 9 Terms of Settlement are binding.
Upon adoption of the Terms of Settlement, by the parties and their counsel, the Court shall enter the Terms of Settlement as the Judgment of the Court which shall be binding on the parties.
Rule 10 Modification of Terms of Settlement by parties.
Notwithstanding anything contained in Rule 8 of this Order, before the adoption of the Terms of Settlement, parties or their counsel thereto may by consent, alter or modify any part of the Terms of Settlement and thereafter pray the Court to enter and adopt the amended, altered or modified Terms of Agreement, as the Judgment of the Court.
Rule 11 Application of party to be served on other party.
Every application under rule 10 of this Order shall be filed and an advance copy shall be forwarded to the other party not less than five (5) days before the date fixed for hearing.