High Court orders farmer to repay R450,000 loan after years of evasion

According to IOL, the North West High Court in Mahikeng has ordered a farmer to repay a longstanding loan of R450,000 after finding he deliberately avoided court proceedings.

Judge finds borrower avoided service

Acting Judge B Mabuza ruled in favour of businessman Christo Johan Rose and ordered Johannes Petrus Maree to repay the full loan amount together with interest and legal costs, after concluding that Maree had deliberately avoided service of court documents.

Evidence presented to the court

According to IOL, Rose proved the existence of the debt with banking records, WhatsApp messages and other documentary evidence. The court record shows two electronic transfers of R225,000 each from Rose’s Vryburg Couriers business account to Maree’s account on 14 December 2022, totalling R450,000.

Attempts to serve court papers

According to IOL, the sheriff made repeated attempts to serve Maree at his farm but encountered locked gates. On one occasion the sheriff reached Maree by telephone, but arrangements to collect documents did not materialise. Rose’s attorneys arranged for a locksmith to assist the sheriff, and members of the South African Police Service were also involved because of concerns about aggressive dogs, yet service remained unsuccessful.

According to IOL, WhatsApp messages sent to Maree and his wife were successfully delivered and emails reached his wife. The court found these steps showed Maree was aware of the litigation and had deliberately avoided service.

Court’s findings and order

The court found Rose to be a credible witness whose testimony was corroborated by objective documentary evidence. According to IOL, the judgment noted that South African law recognises oral agreements as legally enforceable and concluded that Rose had proved the loan, the payment of funds, Maree’s failure to repay and his breach of the agreement.

As a result, the High Court ordered Maree to pay Rose R450,000, interest at the prescribed rate from the date summons was issued until final payment, and legal costs, according to IOL.