In Brief
In a matrimonial dispute between a former spouse and a retired military officer over maintenance and arrears, the High Court recorded a settlement agreement whereby both parties agreed to withdraw all pending litigation. The appellant challenged this order, claiming the High Court's factual record was incorrect and that she had explicitly refused to withdraw the criminal and family court cases pending between them. The Supreme Court found the recall application merited substantive consideration, particularly given the appellant's advocate's supporting affidavit. The Court set aside the High Court's dismissal and remitted the matter for reconsideration on the merits, directing the High Court to examine whether the appellant gave genuine consent to the withdrawal or whether she should be relieved from the undertaking given by her counsel.
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