IN THE HIGH COURT OF SOUTH AFRICA 
(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NO: 20867/07

In the matter between

and

 

JUDGMENT DELIVERED ON 16 MARCH 2009

ZONDI, J 

Introduction
[1] The plaintiff has applied for summary judgment against the defendants. In its simple summons the plaintiff claimed from the defendants in their capacities as trustees of Hope of Africa Foundation "payment of the amount of R800 000-00 in respect of monies lent and advanced" by it to the Hope of Africa Foundation (the Trust) and interest on the amount claimed "at the rate of 15,5% from 21 December 2006 until date of payment" plus costs.

[6] Relief by way of summary judgment like that by way of provisional sentence is of an unusual kind, intended to give a plaintiff with an apparently clear right a speedy means of relief against a delaying or recalcitrant debtor. But then the right must be demonstrably clear. If it is not, then he must follow the normal procedure of placing the issues before the Court for trial.

[7] Similarly the plaintiff has claimed interest from 21 December 2006 until date of payment. It is not indicated whether the loan agreement between the parties provided for interest and if so the date on which and the circumstances in which it would become payable.

[8] In my view the defendants' defence is a kind of a defence, which, if proved at trial, would constitute a good defence to the action and in the circumstances I would refuse summary judgment.
[9]    In the result it is ordered that:
1.	Summary judgment is refused;
2.	the defendant is granted leave to defend; and
3.	the plaintiff to pay the defendants' taxed costs.