IN THE HIGH COURT OF SOUTH AFRICA 
(CAPE OF GOOD HOPE PROVINCIAL DIVISION)

CASE NO. A594/07

In the matter between:

and

JUDGMENT

Z F JOUBERT AJ

2. The matter has a strange and somewhat convoluted history. In addition, the papers contain serious allegations of fraudulent conduct with allegations that documents annexed to the affidavits by the parties constitute forgeries. Not surprisingly, mis has led to factual disputes, which are not capable of resolution on the papers as they stand. However, ft is not necessary to resolve these disputes for the purposes of the determination of this appeal.

4. After an appearance to defend had been entered on behalf of the Appellants, the Respondent saw fit to apply for summary judgment against all three Appellants and deposed to an affidavit in support of the application for summary judgment. This affidavit only served to further muddy the waters. In paragraph 3 of the affidavit, the Respondent states the following:

“Ek saf u besigheid verkoop om so die geld te delg".

The Respondent denies the allegation.