SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in
compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 2024-053190
1. Reportable: No
2. Of interest to other judges: No
3. Revised
1 September 2025
SIGNATURE WRIGHT J
In the matter between:
C[...] R[...] A[...] D[...] P[...] V[...] APPLICANT
and
L[...] V[...] FIRST RESPONDENT
R[...] V[...] SECOND RESPONDENT
JUDGMENT – WRIGHT J
WRIGHT J
1. The applicant, Mr V[...] was married to Ms L[...] V[...], the first respondent. Their
daughter, R[...] V[...] is the second respondent.
2. Mr V[...] issued summons against the respondent s and now seeks summary
judgment.
3. Mr V[...] alleges an oral loan agreement under which he would advance R
1 690 000 to the respondents so that they could buy a house to live in. His minor
son would also live there. He alleges that it was agreed that the loan be repaid at
R15 000 per month. He alleges breach by the respondents by way of short
payment. He alleges an acceleration clause in the event of default.
4. The plea read with the affidavit resisting summary judgment agrees that the sum
alleged was borrowed and advanced. The respondents say that repayment
would be as and when they could afford repayments but that repayment would
be within 240 months, that is 20 years. 20 years is way in the future.
5. At least one email, dated some nine months after the date of the loan agreement,
from Mr V[...] to Ms L[...] V[...] says that “ You must get your finances in order so
that we can finalise the details of the loan. “ This email contradicts the particulars
of claim and is in line with the defence. A triable issue is raised.
ORDER
1. The defendants are granted leave to defend, costs in the cause.
GC WRIGHT
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, JOHANNESBURG
HEARD : 1 September 2025
DELIVERED : 1 September 2025
APPEARANCES :
APPLICANT Adv M Luyt
Instructed by SDB Attorneys Inc
litigation@sdbatt.co.za
RESPONDENT Adv JW Kloek
Instructed by Blake Bester and Jordaan Inc
nico@dew.co.za