Sunlyn (Pty) Ltd and Another v Clear Road Financial Services (Pty) Ltd and Another (2021/58172) [2025] ZAGPJHC 145 (17 February 2025)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2025 >> [2025] ZAGPJHC 145 | Noteup | LawCite sino index ## Sunlyn (Pty) Ltd and Another v Clear Road Financial Services (Pty) Ltd and Another (2021/58172) [2025] ZAGPJHC 145 (17 February 2025) Sunlyn (Pty) Ltd and Another v Clear Road Financial Services (Pty) Ltd and Another (2021/58172) [2025] ZAGPJHC 145 (17 February 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2025_145.html sino date 17 February 2025 ###### 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 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG CASE NO: 2021/58172 1. Reportable:  No 2. Of interest to other judges: No 3. Revised 17 February 2025 SUNLYN (PTY) LTD                                                            FIRST APPLICANT (Registration Number: 1988/000417/07) SASFIN BANK LIMITED                                                     SECOND APPLICANT (Registration Number: 1951/002280/06) and CLEAR ROAD FINANCIAL SERVICES (PTY) LTD          FIRST RESPONDENT (Registration Number: 2013/028963/07) EVANS MAHOKO MENONG                                             SECOND RESPONDENT (Identity Number: 7[…]) JUDGMENT WRIGHT J 1. The first plaintiff, Sunlyn and the second plaintiff, Sasfin issued summons against the first defendant, Clear Road and the second defendant, Mr Menong. In the particulars of claim it is alleged that as long ago as 2006 Sunlyn ceded to Sasfin future debts that would become owing to Sunlyn. The particulars of claim allege that during 2019, Sunlyn hired a PABX device to Clear Road and that Mr Menong guaranteed the debt of Clear Road to Sunlyn. It is alleged that Clear Road is in arrears. 3. The prayers in the particulars of claim allege that “ The second plaintiff, alternatively the First Plaintiff, claims from the First and Second Defendants …..” 4. A plea was filed and the plaintiffs now seek summary judgment. 5. The affidavit resisting summary judgment is deposed to by Mr Menong, a financial planner for Clear Road. Like the plea, the affidavit sets out in considerable detail that Mr Menong was approached by an entity called On Point which got him to sign blank documents and promised a reduced phone bill. Mr Menong thought that he was contracting with On Point. The product and service were well below that promised and inflated accounts then started arriving from the present applicants. 6. With this detailed and plausible defence, the application fails. ORDER 1. The defendants are granted leave to defend, costs in the cause. GC Wright Judge of the High Court Gauteng Division, Johannesburg HEARD:                17 February 2025 DELIVERED:        17 February 2025 APPEARANCES: Applicants           Adv BC Bester 074 204 1064 ben@lawcircle.co.za Instructed by VAN WYK ATTORNEYS 012 004 2417 mara@vanwyklegal.co.za Respondent         Adv QM Dzimba 0744611259 qhawe@law.co.za Instructed by KOBRAS ATTORNEYS INC. 011 333 0000 bkobras@kobrasattorneys.co.za info@kobrasattorneys.co.za sino noindex make_database footer start