In a legal saga, a wife who wanted to sell her house was in a courtroom battle after dragging her estranged husband there when he refused to vacate the Pretoria property until she met his demands. The couple, married out of the community of property with the application of accrual in 2019, is currently undergoing a divorce, as per IOL. Living in the woman’s house throughout their marriage, the wife informed her husband in September 2023 that she had sold the house after moving to the Western Cape. Faced with the husband’s refusal to leave and concerns about the sale’s hindrance, she urgently approached the North Gauteng High Court seeking eviction.
In her court application, the wife expressed worries about the husband’s attempts to obstruct the sale of the house, fearing he might occupy it on the transfer date, complicating vacant possession for the buyer. The urgency was emphasised as the transfer was expected by October 27, 2023. Responding to the claims, the husband contested the urgency, asserting the offer to purchase was signed on July 30, 2023, and criticised the wife’s delayed application, questioning the rush in October. He argued that the agreement had no provision for vacant occupation, and there was no evidence of the purchaser’s insistence.
Acting Judge Clement Marumoagae scrutinised the urgency, finding no evidence of the purchaser’s eagerness for a quick transfer or pressure on the wife. He criticised the wife for not informing her husband about the sale and noted that her urgency was self-created. Highlighting that the high court isn’t designed for impatient litigants, the judge dismissed the wife’s application and ordered her to pay the costs, underscoring the case’s lack of necessity for urgent attention.
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