Court orders seller to transfer ownership
A Mpumalanga man who sold his land for R1.1m has been ordered to transfer ownership after he changed his mind about the sale and claimed he had to consult his wife.
In May 2022, Sonja Gouws offered to buy 36 hectares of land from Bosodi Petrus Thobejane.
According to IoL, in July 2022, Gouws made a payment of R800 000 into Thobejane's attorney's account. Thobejane allowed Gouws and her husband to occupy and renovate the vacant property, which had one habitable structure.
In February 2023, the Gouws asked for an extension regarding the outstanding payment due to financial constraints.
She was given until the end of May 2023, but paid the outstanding R300 000 before the deadline.
Thobejane failed to provide his attorney with the documents to register the property in Gouw's name, saying he needed his wife's consent.
During a meeting attended by both parties and their attorneys it was revealed Thobejane wanted more money for the property.
Gouws sought relief in the Mpumalanga High Court in Mbombela.
In response, Thobejane said the property forms part of a joint estate with his wife, who ought to have been joined in the proceedings.
He said he told the conveyancer of his intention to cancel the agreement with Gouws after she failed to fulfil the terms.
Acting Judge S Msibi said Thobejane never indicated during the agreement of the sale that he was married.
Msibi said Thobejane could not use marriage as a defence because there was no evidence of his marital status or the identity of a spouse.
Thobejane was ordered to sign documents for the transfer of the property into Gouw's name within 14 days.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





