COMBINED SUMMONS

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION,

JOHANNESBURG

CASE NO: /15

In the matter between:

UMBILO MOTORS (PTY) LTD PLAINTIFF

And
SENTINEL HAULERS (PTY) LTD FIRST DEFENDANT
SAM LEWIS SECOND DEFENDANT

COMBINED SUMMONS

TO: THE SHERIFF OR DEPUTY SHERIFF INFORM

The Defendant, Sentinel Haulers (Pty) Ltd, a registered company with its principal place of
business at 50 Industrial Avenue, Germiston, Johannesburg, 1401, registration number:
2017/654321/07.

(hereinafter “the Defendant”) that

Ubmilo Motors (Pty) Ltd, a registered company with its principal place of business at 101
Main Road, Sandton, Johannesburg, 2196, registration number: 2015/123456/07.

(hereinafter referred to as “the Plaintiff”)

hereby institutes action against the Defendant. The Plaintiff claims the legal relief described in
the attached particulars of claim on the grounds set forth therein.
Further, notify the Defendant that if the Defendant disputes the claim and wishes to defend the
action the Defendant must
(i) Within 10 (TEN) days after service upon the Defendant of this Summons, file with
the Registrar of the High Court at the HIGH COURT BUILDING, VON
WEILLIGH STREET, JOHANNESBURG notice of the Defendant’s intention to
defend and serve a copy thereof on the Plaintiff’s Attorney, wherein an address as
intended in Rule 19(3) (not being the address of a post office box or poste
restante) is given for the purpose of service on the Defendant of all notices and
documents in the action.
(ii) Thereafter, and within 20 (TWENTY) days after filing and serving the notice of
intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff
or the Plaintiff’s Attorneys a plea, exception, notice of motion for striking out,
with or without a counterclaim.
FURTHER INFORM the Defendant that, if the Defendant fails to enter or serve notices as
aforesaid, judgment can be requested and granted against the Defendant without further notice
to the Defendant or if the Defendant fails to plead, except, apply for striking out or institute a
counterclaim after entering a notice of intention to defend, judgment can also be granted
against the Defendant and immediately thereafter serve a copy of this summons on the
Defendant and deliver the original to the Registrar together with a return of what you did with
same.

DATED AT JOHANNESBURG ON THIS 4th DAY OF MAY 2024

______________________________________
Registrar of the High Court
 ANNEXURE A

Particulars of Plaintiff’s Claim

1. Umbilo Motors (Pty) Limited operates as a garage dealing in fuel, at 102 Main Road,
Sandton, Johannesburg hereby institute action against Sentinel Haulers (Pty) Limited
(the defendant), operating a haulage business, at 50 Industrial Avenue, Germiston,
Johannesburg.

2. Umbilo Motors only sells one type of fuel, diesel.

3. Where Sam Lewis bound himself as co-principal debtor for the payment of all monies
due and payable by Sentinel Haulers to Umbilo Motors, where the surety agreement
was signed on the 15th of January 2015, ATTACHED AS ANNEXURE D.

4. On the 6th of February 2015, the plaintiff and the defendant, represented by their
director Sam Lewis opened an account for 28 000 liters of diesel for Sentinel Haulers,
ATTACHED AS ANNEXURE C, where the credit limit was set as R680 000.

5. Where Sentinel was required to settle its account with Umbilo within 1 month of the
date of the account being received, set out in the Credit Account Agreement,
ANNEXURE C.

6. On the 1st of March 2015, Sentinel received an account from Umbilo Motors for an
amount of R680 000 for diesel sold and delivered during February 2015,
ATTACHED AS ANNEXURE B.

7. By the 25th of April 2015 Sentinel still had not settled their account with Umbilo
which is reflected in the statement of account, ANNEXURE E.

8. One of Sentinel’s trucks broke down, where a test conducted by them revealed that
there was petrol in their engine as opposed to diesel, which caused the truck to break
down.

9. We contend that even if one of Sentinel’s trucks was supplied petrol, it couldn’t have
been supplied by us as we only deal in diesel, to this end our petrol attendants only
dispense diesel at our garage.

10. We therefore dispute the repair costs of R320 000 because we state that are not at fault
for the breakdown of their truck.

11. Relief sought:

Wherefore, the plaintiff prays for judgement against the defendant as follows:
 11.1 Payment of R680 000 for the diesel that was sold and delivered to Sentinel.
11.2 Interest at the prescribed rate of 10,75% per annum from 25 April 2015.
11.3 Costs of suit
11.4 Further and/ or alternative relief.

Dated at Johannesburg on the 4th of May 2015.

Plaintiff’s Attorney

Address of Plaintiff’s Attorney

HARMONY & HOPE ATTORNEYS
Cnr Napier and Cedar Avenue
Auckland Park
Johannesburg

Plaintiff’s Advocate
UMBILO
MOTORS NO:INV -12345 -1

(PTY)L
BillTo: From:
Sam Lewis Umbilo Motors(Pty)Ltd
011 7654 890
123AnywhereSt.
Johannesburg

Date:1March2015

Description Qty Unit Price Total

500PPM Desiel 28 000ℓ 23.50 R591 304.34

VAT @15 R88 695.65

Grand Total R680 000.00

 Note:

ThankYou!
Send PoP

Payment Information:
BANK: FIRST NATIONAL BANK ACC
NO: 6243 5753 5757
BRANCH NO: 47848
 Credit Account Agreement
Between Umbilo Motors (Pty) Ltd and Sentinel Haulers (Pty) Ltd

1. Account Details

Account Holder: Sentinel Haulers (Pty) Ltd (hereinafter referred to as "Sentinel") Account
Number: 6543187
Account Opened On: 1 January 2015

2. Agreement Terms and Conditions

2.1 Purpose of Account

This credit account is intended to facilitate Sentinel's purchases of fuel from Umbilo Motors (Pty)
Ltd (hereinafter referred to as "Umbilo") to support Sentinel’s haulage operations. This account
provides Sentinel with access to a rolling monthly credit facility for fuel purchases.

2.2 Type of Fuel Supplied

Given that Sentinel Haulers operates a fleet exclusively running on diesel fuel, Umbilo agrees to
supply only diesel to Sentinel under this credit arrangement. No petrol or alternative fuel types
will be provided under this agreement.

3. Credit Limit and Payment Terms

3.1 Credit Limit

The credit limit for Sentinel’s account is set at R680 000.00, subject to periodic review and
adjustments by Umbilo based on Sentinel’s credit history and account performance.

3.2 Payment Due Date

Sentinel agrees to settle the outstanding balance on the account within 30 days from the date of
each invoice. Failure to pay within this timeframe constitutes a breach of this agreement.

3.3 Interest on Overdue Amounts

Should any amount remain unpaid beyond the 30-day period, Umbilo reserves the right to
charge interest at a rate of 10.75% per annum on the overdue balance, calculated from the due
date until full payment is received.

4. Liability and Responsibility

4.1 Sentinel’s Responsibility for Account Management

Sentinel is responsible for ensuring that only authorized personnel are permitted to make fuel
purchases under this account. Umbilo will verify the identity of Sentinel’s personnel prior to each
transaction, and any unauthorized use must be reported immediately by Sentinel.
4.2 Diesel Provision Guarantee
Umbilo guarantees to provide only diesel fuel to Sentinel's fleet under this agreement. As part of
this arrangement, Umbilo’s staff will verify that all fuel dispensed to Sentinel’s trucks aligns with
this agreement’s requirements.

4.3 Liability for Misuse of Fuel

In the unlikely event of a dispute over fuel type, Umbilo shall provide documented evidence
(invoices and dispensing records) for the fuel supplied. Sentinel remains responsible for any
damage caused to its vehicles if alternative fuel types are added by Sentinel’s drivers or
external parties.

5. Breach of Agreement

5.1 Right to Suspend Account

In the event that Sentinel fails to make timely payments as agreed, or breaches any terms of
this agreement, Umbilo reserves the right to suspend or terminate Sentinel's credit privileges.
Any further fuel supply will be on a cash basis until the account is settled.

5.2 Recovery of Legal Costs

Should Umbilo need to take legal action to recover unpaid amounts, Sentinel agrees to cover all
legal costs, including attorney and client fees, associated with debt recovery.

6. General Terms

6.1 Entire Agreement

This document contains the entire agreement between Umbilo Motors and Sentinel Haulers
regarding the credit facility for fuel purchases. Any amendments to this agreement must be
made in writing and signed by both parties.

6.2 Jurisdiction
This agreement is governed by the laws of [Insert Jurisdiction], and any disputes arising from
this agreement will be subject to the exclusive jurisdiction of the courts in that region.
 Annexure D: Deed of Suretyship

This deed of suretyship is made and is entered into on this 1st of January 2015.

BETWEEN:
Umbilo Motors (hereinafter referred to as the Creditor) with its principal place of business at
102 Main Road, Sandton, Johannesburg.

AND:
Sentinel Haulers (Pty) Ltd as (the Principal Debtor) with its principal place of business at 50
Industrial Avenue, Germiston, Johannesburg

AND:
Sam Lewis (the Surety) the Director of Sentinel Haulers (Pty) Ltd and co-principal debtor

1. Purpose of Suretyship
The purpose of this Suretyship Agreement is for Sam Lewis ("the Surety") to provide
security to Umbilo Motors (Pty) Ltd ("the Creditor") for any and all debts and obligations of
Sentinel Haulers (Pty) Ltd ("the Principal Debtor") in relation to the credit account
maintained with the Creditor.

2. Terms of Suretyship
2.1 Nature of Suretyship
The Surety binds himself as a surety and co-principal debtor jointly and severally with the
Debtor for the due payment of any and all amounts which are or may become due, owing, or
payable by the Debtor to the Creditor under the terms of their credit agreement.

2.2 Scope of Liability

The Surety's liability under this agreement is unlimited and covers all debts, obligations, and
liabilities of the Debtor to the Creditor, including but not limited to:

Principal amounts due on the Debtor’s account;

Interest on overdue amounts, calculated at the agreed rate between the Debtor and Creditor;
Legal fees and costs incurred in enforcing this suretyship agreement.

2.3 Continuing Suretyship

This suretyship is a continuing covering security and will remain in force until all obligations
of the Debtor to the Creditor have been fully discharged. Termination of the Debtor's account
does not automatically release the Surety from liability for any outstanding debts incurred
before or up to the termination date.
3. Rights of the Creditor
3.1 Creditor’s Right to Enforce Payment
The Creditor has the right to demand payment from the Surety immediately upon the
Debtor’s failure to pay any amount due, without first seeking payment from the Debtor or
exhausting other remedies.

3.2 Waiver of Surety’s Rights of Excusion and Division

The Surety waives the legal rights of excussion (the right to require the Creditor to first
pursue the Debtor before claiming from the Surety) and division (the right to claim that
liability be divided if there are multiple sureties).

4. Acknowledgments and Warranties

4.1 Acknowledgment of Debt
The Surety acknowledges that he is fully aware of the Debtor's obligations to the Creditor
under the terms of the credit agreement and confirms that he has voluntarily entered into this
suretyship agreement to support such obligations.

4.2 Warranty of Capacity

The Surety warrants that he has the necessary legal capacity to enter into this agreement, that
no consent from any third party is required, and that this suretyship is binding and
enforceable in terms of applicable law.

4.3 Responsibility for Changes in Debtor’s Account

The Surety agrees that any changes to the Debtor’s credit terms, account limit, or other
arrangements with the Creditor do not affect the Surety’s liability under this agreement
unless specifically agreed in writing by the Creditor.

5. Termination and Release of Suretyship

5.1 Termination by Surety
The Surety may terminate his liability under this agreement by providing 30 days' written
notice to the Creditor. However, such termination only releases the Surety from liability for
future debts, and the Surety remains liable for any outstanding obligations as of the
termination date.

5.2 Release of Surety

The Surety will only be fully released from liability upon the Creditor’s written confirmation
that all outstanding obligations of the Debtor have been settled and that no further amounts
are due.

6. General Provisions
6.1 Entire Agreement
This document constitutes the entire agreement between the Surety and the Creditor
regarding the suretyship and supersedes any prior agreements, representations, or warranties.
6.2 Jurisdiction
This agreement shall be governed by and interpreted in accordance with the laws of
JOHANNESBURG. The Surety consents to the jurisdiction of the JOHANNESBURG
HIGHA COURT, PRITCHARD STREET & KRUIS STREET, JOHANNESBURG, for all
matters arising from or relating to this agreement.

Signatures:

Sam Lewis
Surety (Director of Sentinel Haulers)
Date: 01 January 2015

Umbilo Motors (Pty) Ltd

Date: 01 January 2015
UMBILO
MOTORS (PTY)
LTD

STATEMENT F ACCOUNT FOR UMBILO MOTORS (PTY) LIMETED V SANTINEL

HAULERS (PTY) LIMITED

Date Description INVOICE NO. Total

01\03\2024 500PPM DESIEL INV-12345-1 R680 000.00
FOR FEBRUARY

Total Amount Due: R680 000.00

This statement serves as confirmation of the understanding balance owed by
Sentinel Haulers to Umbilo Motors, which remains unpaid beyond the agreed-upon
payment term.
SIGNED
 Affidavit of Fuel Attendant at Umbilo Motors (Pty) Ltd
Name of Deponent: Petrus Monyela
Position: Fuel Attendant, Umbilo Motors (Pty) Ltd Date: 4
may 2015

AFFIDAVIT STATEMENT

I, Petrus Monyela, declare under oath that:

1. I am a fuel attendant employed by Umbilo Motors (Pty) Ltd.

2. My duties include dispensing fuel and ensuring compliance with operational
procedures.
3. I frequently serve Sentinel Haulers’ trucks, which I know exclusively operate on diesel.
4. I ensure that only diesel fuel is dispensed for these vehicles during each refueling.
5. I am diligent in my responsibilities and confirm that there have been no instances of
petrol being dispensed into Sentinel Haulers’ vehicles.
6. The drivers of Sentinel Haulers are knowledgeable about their fuel requirements and
consistently request diesel fuel.
7. I am aware of the breakdown of one of Sentinel Haulers' trucks, allegedly caused by
petrol in the engine.
8. I assert that Umbilo Motors has only supplied diesel to Sentinel Haulers, and there is no
evidence linking our garage to the petrol issue.
9. All transactions with Sentinel Haulers are documented with signed invoices and delivery
receipts, confirming that only diesel was supplied.

10. I declare that the information provided in this affidavit is true and correct to the best of
my knowledge.

11. I understand the legal implications of providing false information in this affidavit.

Signature of Deponent:
SIGNED

Commissioner of Oaths: SIGNED

UMBILO
MOTORS NO:INV -12345 -1

(PTY)L
BillTo: From:
Sam Lewis Umbilo Motors(Pty)Ltd
011 7654 890
123AnywhereSt.
Johannesburg

Date:1March2015

Description Qty Unit Price Total

500PPM Desiel 28 000ℓ 23.50 R591 304.34

VAT @15 R88 695.65

Grand Total R680 000.00

 Note:

ThankYou!
Send PoP

Payment Information:
BANK: FIRST NATIONAL BANK ACC
NO: 6243 5753 5757
BRANCH NO: 47848
 Credit Account Agreement
Between Umbilo Motors (Pty) Ltd and Sentinel Haulers (Pty) Ltd

1. Account Details

Account Holder: Sentinel Haulers (Pty) Ltd (hereinafter referred to as "Sentinel") Account
Number: 6543187
Account Opened On: 1 January 2015

2. Agreement Terms and Conditions

2.1 Purpose of Account

This credit account is intended to facilitate Sentinel's purchases of fuel from Umbilo Motors (Pty)
Ltd (hereinafter referred to as "Umbilo") to support Sentinel’s haulage operations. This account
provides Sentinel with access to a rolling monthly credit facility for fuel purchases.

2.2 Type of Fuel Supplied

Given that Sentinel Haulers operates a fleet exclusively running on diesel fuel, Umbilo agrees to
supply only diesel to Sentinel under this credit arrangement. No petrol or alternative fuel types
will be provided under this agreement.

3. Credit Limit and Payment Terms

3.1 Credit Limit

The credit limit for Sentinel’s account is set at R680 000.00, subject to periodic review and
adjustments by Umbilo based on Sentinel’s credit history and account performance.

3.2 Payment Due Date

Sentinel agrees to settle the outstanding balance on the account within 30 days from the date of
each invoice. Failure to pay within this timeframe constitutes a breach of this agreement.

3.3 Interest on Overdue Amounts

Should any amount remain unpaid beyond the 30-day period, Umbilo reserves the right to
charge interest at a rate of 10.75% per annum on the overdue balance, calculated from the due
date until full payment is received.

4. Liability and Responsibility

4.1 Sentinel’s Responsibility for Account Management

Sentinel is responsible for ensuring that only authorized personnel are permitted to make fuel
purchases under this account. Umbilo will verify the identity of Sentinel’s personnel prior to each
transaction, and any unauthorized use must be reported immediately by Sentinel.
4.2 Diesel Provision Guarantee
Umbilo guarantees to provide only diesel fuel to Sentinel's fleet under this agreement. As part of
this arrangement, Umbilo’s staff will verify that all fuel dispensed to Sentinel’s trucks aligns with
this agreement’s requirements.

4.3 Liability for Misuse of Fuel

In the unlikely event of a dispute over fuel type, Umbilo shall provide documented evidence
(invoices and dispensing records) for the fuel supplied. Sentinel remains responsible for any
damage caused to its vehicles if alternative fuel types are added by Sentinel’s drivers or
external parties.

5. Breach of Agreement

5.1 Right to Suspend Account

In the event that Sentinel fails to make timely payments as agreed, or breaches any terms of
this agreement, Umbilo reserves the right to suspend or terminate Sentinel's credit privileges.
Any further fuel supply will be on a cash basis until the account is settled.

5.2 Recovery of Legal Costs

Should Umbilo need to take legal action to recover unpaid amounts, Sentinel agrees to cover all
legal costs, including attorney and client fees, associated with debt recovery.

6. General Terms

6.1 Entire Agreement

This document contains the entire agreement between Umbilo Motors and Sentinel Haulers
regarding the credit facility for fuel purchases. Any amendments to this agreement must be
made in writing and signed by both parties.

6.2 Jurisdiction
This agreement is governed by the laws of [Insert Jurisdiction], and any disputes arising from
this agreement will be subject to the exclusive jurisdiction of the courts in that region.
 Annexure D: Deed of Suretyship

This deed of suretyship is made and is entered into on this 1st of January 2015.

BETWEEN:
Umbilo Motors (hereinafter referred to as the Creditor) with its principal place of business at 102
Main Road, Sandton, Johannesburg.

AND:
Sentinel Haulers (Pty) Ltd as (the Principal Debtor) with its principal place of business at 50
Industrial Avenue, Germiston, Johannesburg

AND:
Sam Lewis (the Surety) the Director of Sentinel Haulers (Pty) Ltd and co-principal debtor

1. Purpose of Suretyship
The purpose of this Suretyship Agreement is for Sam Lewis ("the Surety") to provide security to
Umbilo Motors (Pty) Ltd ("the Creditor") for any and all debts and obligations of Sentinel
Haulers (Pty) Ltd ("the Principal Debtor") in relation to the credit account maintained with the
Creditor.

2. Terms of Suretyship
2.1 Nature of Suretyship
The Surety binds himself as a surety and co-principal debtor jointly and severally with the Debtor
for the due payment of any and all amounts which are or may become due, owing, or payable by
the Debtor to the Creditor under the terms of their credit agreement.

2.2 Scope of Liability

The Surety's liability under this agreement is unlimited and covers all debts, obligations, and
liabilities of the Debtor to the Creditor, including but not limited to:

Principal amounts due on the Debtor’s account;

Interest on overdue amounts, calculated at the agreed rate between the Debtor and Creditor; Legal
fees and costs incurred in enforcing this suretyship agreement.

2.3 Continuing Suretyship

This suretyship is a continuing covering security and will remain in force until all obligations of
the Debtor to the Creditor have been fully discharged. Termination of the Debtor's account does
not automatically release the Surety from liability for any outstanding debts incurred before or up
to the termination date.
3. Rights of the Creditor
3.1 Creditor’s Right to Enforce Payment
The Creditor has the right to demand payment from the Surety immediately upon the Debtor’s
failure to pay any amount due, without first seeking payment from the Debtor or exhausting other
remedies.

3.2 Waiver of Surety’s Rights of Excusion and Division

The Surety waives the legal rights of excussion (the right to require the Creditor to first pursue
the Debtor before claiming from the Surety) and division (the right to claim that liability be
divided if there are multiple sureties).

4. Acknowledgments and Warranties

4.1 Acknowledgment of Debt
The Surety acknowledges that he is fully aware of the Debtor's obligations to the Creditor under
the terms of the credit agreement and confirms that he has voluntarily entered into this suretyship
agreement to support such obligations.

4.2 Warranty of Capacity

The Surety warrants that he has the necessary legal capacity to enter into this agreement, that no
consent from any third party is required, and that this suretyship is binding and enforceable in
terms of applicable law.

4.3 Responsibility for Changes in Debtor’s Account

The Surety agrees that any changes to the Debtor’s credit terms, account limit, or other
arrangements with the Creditor do not affect the Surety’s liability under this agreement unless
specifically agreed in writing by the Creditor.

5. Termination and Release of Suretyship

5.1 Termination by Surety
The Surety may terminate his liability under this agreement by providing 30 days' written notice
to the Creditor. However, such termination only releases the Surety from liability for future debts,
and the Surety remains liable for any outstanding obligations as of the termination date.

5.2 Release of Surety

The Surety will only be fully released from liability upon the Creditor’s written confirmation that
all outstanding obligations of the Debtor have been settled and that no further amounts are due.
6. General Provisions
6.1 Entire Agreement
This document constitutes the entire agreement between the Surety and the Creditor regarding the
suretyship and supersedes any prior agreements, representations, or warranties.

6.2 Jurisdiction
This agreement shall be governed by and interpreted in accordance with the laws of
JOHANNESBURG. The Surety consents to the jurisdiction of the JOHANNESBURG
HIGHA COURT, PRITCHARD STREET & KRUIS STREET, JOHANNESBURG, for all
matters arising from or relating to this agreement.

Signatures:

Sam Lewis
Surety (Director of Sentinel Haulers)
Date: 01 January 2015

Umbilo Motors (Pty) Ltd

Date: 01 January 2015
UMBILO
MOTORS (PTY)
LTD

STATEMENT F ACCOUNT FOR UMBILO MOTORS (PTY) LIMETED V SANTINEL

HAULERS (PTY) LIMITED

Date Description INVOICE NO. Total

01\03\2024 500PPM DESIEL INV-12345-1 R680 000.00
FOR FEBRUARY

Total Amount Due: R680 000.00

This statement serves as confirmation of the understanding balance owed by Sentinel
Haulers to Umbilo Motors, which remains unpaid beyond the agreed-upon payment
terms.