Farmer Philip Solomon ordered to pay R11 mln

2019-07-05 13:57

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Murder accused Philip Solomon has to fork out R11 million after he caused the sale of his Cramond farms to fall through.

The Pietermaritzburg high court yesterday ordered that he pay the company, Flame Lily Investments, the amount, with interest.

Court papers said that Solomon (65) had apparently agreed to sell the property, and the company went ahead and spent R11 million on improvements.

However, he later stopped the transfer from going ahead, forcing the company to cancel the sale agreement.

Sole director of the company, Neil Simon Dix, said in an affidavit that a written sale agreement was entered into between his company and Solomon on February 6 last year.

The company purchased three portions of property from him for R5 279 884. One is known as Farm Zeekoegat, which is 83,0912 hectares; another is the Farm Otto’s Bluff, which is 782,5411 hectares; and the other, which does not have a name, is 52,6085 hectares.

It was agreed that the company would be given possession and occupation of the property on February 9.

Dix said that the company then took possession and occupation of the property. However, Solomon withdrew the power of attorney to pass transfer, which he had signed in favour of the conveyancers. The property thus could not be transferred into the company’s name.

He added that the company has suffered damages as a direct result of Solomon breaching the contract.

Dix said that between February 6, 2018 and May 16 this year, the company spent millions to improve the property — bringing its current value to R16,5 million from the R5 million it was brought for. The difference is what the claim is for.

Dix said that Solomon has been unjustly enriched by that amount.

He said Solomon was served with this summons and did not file any papers to say he was defending the action. The time-frame in which he had to do so has lapsed.

Solomon is supposed to stand trial in the high court in November. He is alleged to have murdered Mothi Jeffrey Ngubane and attempted to murder Mondli Lembede on December 30, 2017.

They were attending a funeral at Solomon’s farm, on which they lived, when the shootings took place. Solomon maintains he acted in self-defence.

When he previously appeared in court, he was without legal representation and started to explain his financial woes to the judge.

He said he could not sign the final papers to sell his farm because he was being underpaid.

The sale agreement, he said, states that he can live on the farm but he was not being allowed to. He did not say by whom. The judge warned him that if he had signed a purchase of sale agreement he is bound to it and can be taken to court if he does not abide by it.

Solomon then said that if he signs it, he will be “dead in hours”.

Read more on:    pietermaritzburg

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