Page:Gory v Kolver (HC).djvu/6

Rh urgent application. The first respondent's reply was one of surprise and an enquiry as to the basis upon which he can be asked to resign. He asked for the applicant's permission to compile an inventory. He threatened with an urgent application. On 12 July the new attorneys, Bezuidenhouts Hepple Botha Inc;, informed the first respondent that the applicant agreed that he could compile an inventory. In letters of 12 and 13 July the first respondent indicated that he planned to remove the hard disc from the property and he accused the applicant of dishonesty and malice. He insisted that the applicant pays rental for his occupation of the property. In a letter of 15 July he indicated that he planned to remove the assets to Pretoria. On 21 July he insisted that software be made available so that he can activate the hardware. On 25 July Bezuidenhouts attorneys answered a number of queries raised by the first respondent and indicated that the deceased and the applicant had an agreement that in case the deceased predeceased the applicant, the applicant would be entitled to half of the property due to his contribution to the household and the universal partnership and that he was prepared to buy the property on that basis. He was informed that he was to reply urgently because if he failed to recognize the claim the applicant would contemplate to take alternative steps. On 29 July he denied the claim and informed the applicant that he must lodge a claim. He indicated that he planned to sell the house and that the applicant was welcome to make an offer, obviously as an outside buyer. On 29 July the first respondent enquired about the occupation of the house and municipal accounts.

On 16 August Bezuidenhouts Attorneys lodged a claim for the whole estate with the first respondent. On 18 August and possibly unaware of the claim of 16 August the first respondent again raised the question of occupation of the property and the municipal account. He also insisted that the applicant did not make all the assets available for removal and indicated that there were items still outstanding like a microwave oven, a tumble drier etc. Nine items were mentioned. It was stated that a bed made available by the applicant was not the deceased's bed. On 30 August Bezuidenhouts Attorneys confirmed that the first respondent refused to recognize the applicants claim and gave notice that the applicant will institute a court application. On 31 August Bezuidenhouts Attorneys indicated that the applicant had vacated the property