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The High Court has refused an application to enforce a deed of settlement, as the deed was not properly executed and there is a dispute over whether an agreement between the parties is vitiated by mistake. The court found that the mere adjournment of the proceedings did not provide a mechanism for summary enforcement of the settlement. Consequently, the plaintiffs must initiate separate proceedings to enforce the settlement, or both parties may continue with their original claims and counterclaims in the current proceedings.
deed of settlement, enforcement, proper execution, mistake, adjournment, summary proceedings, contract law, settlement agreement, counterclaim, plenary hearing, anti-money laundering legislation, rescission, procedural mechanism, summary application, High Court.
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