THE development of a long-stalled agricultural village, a training programme and a cultural village aimed at uplifting the Morgan Bay community may now go ahead after a Grahamstown High Court ruling.
The plans for developing the valuable land were stalled in 2007 by a family feud over who would own the land and what it would be used for.
Well-known Morgan Bay hotel owner Geoff Warren-Smith owned the land and agreed to sell it to a couple, John and Maryna Bosazza, for the relatively low price of R250000 on condition they use it to uplift the local community.
He said in court papers he had not been prepared to sell it to an individual for private gain.
The couple documented their wish to develop an agricultural project which would involve the community and encourage them to start their own vegetable gardens. A cultural village was also discussed.
According to court papers, the couple lived on the land and started a vegetable project on it.
But they could not afford to buy the land and it was decided that Maryna’s mother, Gay Booysen, would purchase the property with a view to transferring it to her daughter and son-in-law for the development of the community project.
But none of these conditions was specified in the sale agreement.
Shortly before the sale in about 2006 the Bosazza’s marriage fell apart and the relationship between the Bosazza and Booysen families turned acrimonious.
Warren-Smith had heard that the plans for the property had changed and refused to go ahead with the transfer of the property. Booysen took him to court hoping for an order forcing him to take all steps necessary to effect the registration of the transfer of the property.
But Warren-Smith countered with an application to rectify the deed of sale in line with the oral agreements . By this time Booysen said she intended keeping the property for herself and denied the existence of any agreement to use it for community upliftment.
Judge Jeremy Pickering in 2011 rejected her version and dismissed her application. He accepted Warren-Smith and Bosazza’s version and granted the application to rectify the sale agreement to include that Booysen had to transfer the property into the names of John and Maryna Bosazza and that it be developed to benefit the community .
Booysen appealed the order to rectify the deed . But Judge John Smith with Judge Nomathamsanqa Beshe concurring, last week dismissed her appeal.
Smith said the evidence established there had been a common intention to develop the land for the community’s benefit.
He said the rectification to the deed of sale gave expression to that true consensus and remedied the defect in the written agreement.
Warren-Smith is in Australia and was not available to comment.
Court nod for Morgan Bay cultural village
The plans for developing the valuable land were stalled in 2007 by a family feud over who would own the land and what it would be used for.
Well-known Morgan Bay hotel owner Geoff Warren-Smith owned the land and agreed to sell it to a couple, John and Maryna Bosazza, for the relatively low price of R250000 on condition they use it to uplift the local community.
He said in court papers he had not been prepared to sell it to an individual for private gain.
The couple documented their wish to develop an agricultural project which would involve the community and encourage them to start their own vegetable gardens. A cultural village was also discussed.
According to court papers, the couple lived on the land and started a vegetable project on it.
But they could not afford to buy the land and it was decided that Maryna’s mother, Gay Booysen, would purchase the property with a view to transferring it to her daughter and son-in-law for the development of the community project.
But none of these conditions was specified in the sale agreement.
Shortly before the sale in about 2006 the Bosazza’s marriage fell apart and the relationship between the Bosazza and Booysen families turned acrimonious.
Warren-Smith had heard that the plans for the property had changed and refused to go ahead with the transfer of the property. Booysen took him to court hoping for an order forcing him to take all steps necessary to effect the registration of the transfer of the property.
But Warren-Smith countered with an application to rectify the deed of sale in line with the oral agreements . By this time Booysen said she intended keeping the property for herself and denied the existence of any agreement to use it for community upliftment.
Judge Jeremy Pickering in 2011 rejected her version and dismissed her application. He accepted Warren-Smith and Bosazza’s version and granted the application to rectify the sale agreement to include that Booysen had to transfer the property into the names of John and Maryna Bosazza and that it be developed to benefit the community .
Booysen appealed the order to rectify the deed . But Judge John Smith with Judge Nomathamsanqa Beshe concurring, last week dismissed her appeal.
Smith said the evidence established there had been a common intention to develop the land for the community’s benefit.
He said the rectification to the deed of sale gave expression to that true consensus and remedied the defect in the written agreement.
Warren-Smith is in Australia and was not available to comment.
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