[14] By letter 25 August 2015, the First Defendant responded, informing the Plaintiff that the First Defendant was invoking clause 12 of the agreement and that the Plaintiff was afforded 30 days from the date of the letter to furnish the required guarantee. This letter reads: NOTICE OF CANCELLATION OF THE SALE OF REMAINDER OF ERF 8413 ‘FINAL WINDHOEK Reference is made to your letter dated 18 August 2015 and received on 25 August 2015. A further reference is also made to the letter from Bank Windhoek dated, 15 August 2015, but only received on 25 August 2015 regarding the same matter. As per clause 2.1 and sub-clause 2.2.2 on the Deed of sale, you were granted sixty (60) days from the date of signature, which date was 20 May 2015, to provide Council with a Bank or Financial Institution’s Guarantee. The date on which you were to provide such a Bank Guarantee lapsed on 20 July 2015. You thus failed to comply with the conditions of the above clauses of the Deed of Sale. You had sufficient time since 20 July 2015 to provide the City with the required Bank Guarantee and hence your request for further extension is equally not granted. The City herewith invokes the conditions of Clause 12 of the Deed of Sale and hereby gives you a notice of cancellation. You are therefore informed that this letter gives you the notice to submit the required Bank Guarantee within a period of 30 days from the date of this letter. Failure to comply with this notice shall lead to automatic cancellation of this sales transaction and no further negotiations shall be accommodated. Trusting that you will find the above in order, Yours faithfully (Signature) ____________ MR. K. UIRAB
[14] By letter 25 August 2015, the First Defendant responded, informing the Plaintiff that the First Defendant was invoking clause 12 of the agreement and that the Plaintiff was afforded 30 days from the date of the letter to furnish the required guarantee. This letter reads: ‘FINAL NOTICE OF CANCELLATION OF THE SALE OF REMAINDER OF ERF 8413 WINDHOEK Reference is made to your letter dated 18 August 2015 and received on 25 August 2015. A further reference is also made to the letter from Bank Windhoek dated, 15 August 2015, but only received on 25 August 2015 regarding the same matter. As per clause 2.1 and sub-clause 2.2.2 on the Deed of sale, you were granted sixty (60) days from the date of signature, which date was 20 May 2015, to provide Council with a Bank or Financial Institution’s Guarantee. The date on which you were to provide such a Bank Guarantee lapsed on 20 July 2015. You thus failed to comply with the conditions of the above clauses of the Deed of Sale. You had sufficient time since 20 July 2015 to provide the City with the required Bank Guarantee and hence your request for further extension is equally not granted. The City herewith invokes the conditions of Clause 12 of the Deed of Sale and hereby gives you a notice of cancellation. You are therefore informed that this letter gives you the notice to submit the required Bank Guarantee within a period of 30 days from the date of this letter. Failure to comply with this notice shall lead to automatic cancellation of this sales transaction and no further negotiations shall be accommodated. Trusting that you will find the above in order, Yours faithfully (Signature) ____________ MR. K. UIRAB
Zest%20Investments%2073%20CC%20v%20Municipal%20Council%20of%20Windhoek%20(I%20166-2016)%20[2018]%20NAHCMD%20186%20(22%20June%202018).docx