[8] The agreement provided that transfer from Goussard to Von Weidts was to take place as possible after 1 January it states: ‘as soon 2007’. Then soon as the seller tenders transfer, the Purchaser shall be compelled to take all the ‘As necessary steps and to perform all other actions in order to take transfer without any delay.’ [9] The purchase consideration was in cash on the date of of ‘payable registration’ Korabib into Von In that regard clause 4.1 of the agreement states that: Wiedts’ name. shall be obliged to furnish the Conveyancers with a bank guarantee for ‘[T]he purchaser the full purchase price on or before 1 November 2006’. [10] Crucially, the agreement states the following as regards the place where Von Wiedts was to make payment to Goussard: made in terms of this agreement shall be made to the Seller at Windhoek, ‘All payments or any other place which the Seller may appoint in writing, free of commission and bank charges in Namibia (My emphasis) Dollars’. [11] The agreement therefore required that for the purchaser (Von Weidts) to make payment at a place other than Windhoek, the seller (Goussard) had to appoint that place ‘in writing’. [12] The above requirement is to be read in conjunction with clause 5 which, in relevant part, states that: expenses in connection with this contract, the execution thereof and the transfer, such ‘All as transfer duty, stamps and attorney fees, shall be immediately payable by the Purchaser upon presentation of amount by attorneys Messrs Van Der Merwe-Greeff Incorporated who shall be attending to this transfer. The Purchaser and Seller confirm that they took notice that should the Transfer duty not be paid within 6 (six) months from date of signature thereof, penalty Transfer duty shall be applicable.’ [13] The parties clearly intended that the purchaser (Von Weidts) was liable for more than just the purchase price. In that regard, clause 17 states that: costs of this agreement and the costs incidental to the execution of the agreement to ‘All its full consequence, transfer costs, transfer duty and stamp duties, shall be borne by the Purchaser’.
[8] The agreement provided that transfer from Goussard to Von Weidts was to take place ‘as soon as possible after 1 January 2007’. Then it states: ‘As soon as the seller tenders transfer, the Purchaser shall be compelled to take all the necessary steps and to perform all other actions in order to take transfer without any delay.’ [9] The purchase consideration was ‘payable in cash on the date of registration’ of Korabib into Von Wiedts’ name. In that regard clause 4.1 of the agreement states that: ‘[T]he purchaser shall be obliged to furnish the Conveyancers with a bank guarantee for the full purchase price on or before 1 November 2006’. [10] Crucially, the agreement states the following as regards the place where Von Wiedts was to make payment to Goussard: ‘All payments made in terms of this agreement shall be made to the Seller at Windhoek, or any other place which the Seller may appoint in writing, free of commission and bank charges in Namibia Dollars’. (My emphasis) [11] The agreement therefore required that for the purchaser (Von Weidts) to make payment at a place other than Windhoek, the seller (Goussard) had to appoint that place ‘in writing’. [12] The above requirement is to be read in conjunction with clause 5 which, in relevant part, states that: ‘All expenses in connection with this contract, the execution thereof and the transfer, such as transfer duty, stamps and attorney fees, shall be immediately payable by the Purchaser upon presentation of amount by attorneys Messrs Van Der Merwe-Greeff Incorporated who shall be attending to this transfer. The Purchaser and Seller confirm that they took notice that should the Transfer duty not be paid within 6 (six) months from date of signature thereof, penalty Transfer duty shall be applicable.’ [13] The parties clearly intended that the purchaser (Von Weidts) was liable for more than just the purchase price. In that regard, clause 17 states that: ‘All costs of this agreement and the costs incidental to the execution of the agreement to its full consequence, transfer costs, transfer duty and stamp duties, shall be borne by the Purchaser’.