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# South Africa: South Gauteng High Court, Johannesburg
South Africa: South Gauteng High Court, Johannesburg
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[2025] ZAGPJHC 1207
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## C.R.A.D.P.V v L.V and Another (2024-051390)
[2025] ZAGPJHC 1207 (1 September 2025)
C.R.A.D.P.V v L.V and Another (2024-051390)
[2025] ZAGPJHC 1207 (1 September 2025)
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sino date 1 September 2025
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
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###### IN THE HIGH COURT OF
SOUTH AFRICA
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 respondents 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
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