ADVOCATES TRAINING PROGRAM 2018/2019

PROJECT WORK

BY

FIRM C29

ATP 107: CONVEYANCING

PRESENTED TO

MS. HELENE NAMISI

19TH JULY, 2018

DECLARATION AND LIST OF MEMBERS
We, the firm members of C29, do hereby declare that this project is our original work and a
collective effort by the firm members listed below, in fulfilment of the requirements for the
Conveyancing course of the Advocates Training Program and that this research project has not
been published and or submitted for any other award to any other university or college before.

AUTHOR’S LIST AND SIGNATURES

NAMES REG. NO SIGNATURE
1. MUMBUA FIDELMA 20180033 ………………

2. PHILIP JUDITH MWENDE 20180109 ………………

3. MKOMBE GRACE MKARYE 20180161 ………………

4. MWEU JUSTUS MUTUNGA 20180181 ………………

5. OGOTI PATRICIA GERTRUDE 20180663 ………………

6. BUNDI FARIDA KAARI 20180669 …………….

7. IBRAHIM KIFAYA ABDULKADIR 20180763 …………….

8. KIRUI IVY SHARON CHEPNGENO 20180950 …………….

9. MANYARA M. JOSEPH 20181059 …………….

10. KIMIRI TESSY KARIMI 20181100 …………….

11. NJOROGE ALEX NDUNGU 20181106 ……………..

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ACKNOWLEDGEMENT
We would like to sincerely acknowledge each other’s valued input at the inception of this research.
This project would not be complete without the effort and cooperation from each and every firm
member.

We would also wish to express our gratitude to our lecturer Ms. Helene Namisi for her scholarly
guidance and tutelage in our class from the very beginning. Her assistance and advice has served
a vital role in the completion of our project.

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Contents
DECLARATION AND LIST OF MEMBERS ........................................................................... i
ACKNOWLEDGEMENT ............................................................................................................ ii
MEMORANDUM ......................................................................................................................... 1
LICENCE AGREEMENT ........................................................................................................... 8
AGREEMENT FOR SALE ....................................................................................................... 10

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iv
Question (a)

MEMORANDUM
TO: Managing Director, Emerald Construction Ltd
FROM: Smart & Sharp Associates
DATE: 2nd July, 2018
FILE NO: 456/2018
RE: CONSIDERATIONS BEFORE THE START OF THE CONSTRUCTION OF THE
OFFICE BLOCK PROJECT
FACTS
Your company, Emerald Construction Ltd engages in the purchase of land, construction and
selling of properties. The company recently purchased two parcels of adjoining land each
measuring 3 acres each located in Upper Hill in Nairobi next to the Don Bosco Catholic Church.
These parcels of land registered as L.R. 209/12345 and L.R. 209/12346 have two bungalows
currently erected on them belonging to Edward Onsoto and Wangari Opondo respectively. The
said houses were purchased from the Ministry of Works through the tenant-purchase scheme that
was in place then.
Your company intends to construct an office block comprising of 20 floors and 4 level basement
parking in place of the bungalows currently erected on each of the parcels of land. To ease its
transactions, the company wishes to amalgamate the two parcels of land. We would, therefore
like to advice you on what you would consider in order to see a successful completion of your
project.
ISSUES
1. What are the requirements you need to fulfil to ensure your compliance with the existing
laws? To answer this question we will need to conduct due diligence as concerning the
transaction and consider the consents or clearances you need to obtain.
2. How to undertake the amalgamation of the titles of the two parcels of land.
3. What to put into consideration before demolishing the two bungalows and constructing
the office block?
4. What are the documents you should obtain after the construction is completed?

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 1. COMPLIANCE
DUE DILIGENCE
The most important step in buying property or erecting a building in a particular land is the due
diligence stage. As your advocates we will conduct this process. First and foremost, we will need
to conduct a search at the Lands Registry Nairobi in order to determine the registered owner of
the land; whether there are any encumbrances on the land such as mortgages or charges; any
leases granted over the land still in force; any cautions or restrictions registered against dealings
concerning the land or whether there are any court orders barring any transaction on the land.
This search is conducted by filling a form downloaded from eCitizen and attaching a copy of the
title deed, identity card of person making the application and copy of KRA pin. Once this is
completed, you will pay the requisite fees, lodge it and wait for the stipulated amount of time.
Secondly, we will also conduct a land survey with a Surveyor to determine whether the Land
Reference Number exists in official survey maps and whether the acreage provided in the map
match the acreage on the ground. At this stage we will also ensure that there is no existing
boundary disputes with the neighboring lands and that the land does not encroach on a road
reserve. This will be ascertained by having a physical visit to the land.
We will also need to check for government regulations and zoning restrictions associated with
that proposed location. Zoning is a system of land use regulation that dictates the type of
buildings that can be built in certain locations. The three main zoning classifications are
residential, commercial and industrial therefore you will have to state the purpose of your
construction to determine which rules will apply.
2. CLEARANCES
a) Rates Clearance Certificate
The first certificate you will be required to obtain is a rates clearance certificate. Section 38 of
the Land Registration Act necessitates the production of a valid statement indicating that rates in
land have been paid before the registrar can accept registration a document intending to transfer
or vest any interest in land. This certificate will be issued by the local authority of Nairobi as an
indication that you have paid in full the rates that are due on or any other interest accrued thereon
on the parcels of land.

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 b) Rent Clearance Certificate
This is the second certificate you will need to obtain. As per Section 39 of the Land Registration
Act, the production of a valid rent clearance certificate before the registration of any instrument
purporting to transfer or create any interest in the land is essential. The rent clearance certificate
is evidence that any rent payable on the land has been paid. As you hold a leasehold interest in
the two parcels of land, they are subject to an annual rent that you are mandated to pay as the
lessee.
3. CONSENTS
a) Consent from the County Land Management Board
Section 39(2) of the Land Registration Act mandates the holder of a leasehold interest in land to
obtain consent from the relevant County Land Management on the use of land before the
registration of any instrument effecting a transaction in land. You will, therefore, need to obtain
consent from Nairobi County Land Management Board on your intended use of the two parcels
of land.
b) Consent of any statutory authority having an interest in neighboring property
Before you begin the demolition of the bungalows and the construction of the office block, you
should obtain the following consents;
i. The consent of the Kenya Railways Corporation if the parcels of land are adjoining or
adjacent to railway lines.

ii. The consent of the Kenya Airport Authority if the parcels of land are adjacent/adjoining
an airport or a flight path.

c) Consent from the lessor

Since the interest in the land is leasehold, you will require consent from the head lessor (the
government) before transacting in the land or carrying out any developments.
d) Consent from the local physical planner
You will also be required to obtain consent from the Nairobi County Physical Planner in
accordance with Section 37 of the Physical Planning Act which requires development permission

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to be granted before the registration of a document relating to the development of land. The
physical planner will approve the building plans and the intended change in use of land.

4. AMALGAMATION OF TITLE
You expressed your wish to amalgamate the two parcels of adjoining land to facilitate your ease
in transacting. To do so you will proceed in the following manner;
First, you will need to file an application for development permission to the registrar of physical
planning according to section 22(1) of the Land Registration Act and Rule 43 of the Land
Registration General Regulations. This will be done by filling PPA 1 forms as per the fourth
Schedule of the Physical Planning Act. These forms are submitted in triplicate to a registered
physical planner who will make the application on your behalf to the county government of
Nairobi.
The following should be attached to the application; a copy of an approval of the development
application from the County Government of Nairobi and a copy of the registered mutation form
in form LRA 27 set out in the sixth schedule of the Land Registration General Regulations, 2017
also to be submitted in triplicate. Moreover, you will be required to provide the two original title
deeds or the certificate of lease of the land parcels you intend to amalgamate.
A draft of an amalgamation scheme/cadastral map showing the plots to be combined should also
be provided and should include a comprehensive location plan. You will achieve this by hiring a
physical planner and land surveyor to develop an amalgamation report. The amalgamation
scheme should have copies, five in blue print and one in linen. This amalgamation scheme is
attached to the PPA 1 form on application. You will also need a signed planning brief by a
registered physical planner explaining why the amalgamation is in line with the physical
development policy.
This amalgamation report will be presented to the council who will make the recommendations
as they deem fit on the plot size. The report will be amended as per the deliberations and a letter
will be issued approving the amalgamation and prescribing the conditions to be met before the
issuance of title by the Ministry of Lands. The approval letter issued to you will then be presented
before the Ministry of Lands to process the title for the amalgamated parcel of land.

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 5. DEMOLITION AND CONSTRUCTION
Before demolishing the two bungalows and constructing the office block, it will be prudent to
carry out a pre-demolition inspection to determine the effect of the proposed activities on the
environment and to eliminate any unsafe conditions.
This will be done by the acquisition an approval from the National Environmental Management
Authority (NEMA) to ensure compliance with environmental requirements. An environmental
Impact Assessment (EIA) Study is to be conducted on the potential environmental impact of a
proposed development and a report on the same submitted to the Authority. If from the report, it
is evident that there will be adverse environmental impact, you will be required to propose and
implement a mitigation plan as a condition of planning permission. The mitigation plan will
thereafter be monitored and enforced in order to deal with the adverse impact.
Next, a demolition plan should be formulated. The demolition plan should outline the location of
the building to be demolished and its distance from any adjacent building or land, the procedure
for the demolition and any precautionary measures to be taken to prevent any detriment to the
environment and the procedure for terminating existing utilities.
In coming up with the demolition plan, an assessment of the building in question should be done
including its historical and current use. Section 47 of the Physical Planning Act prohibits the
demolition of building with a special architectural value or historical interest.
After this is done, you should seek permission from the local authority of Nairobi before you
undertake your proposed development plans. This is in accordance with section 31 of the Physical
Planning Act which states that permission for development should be applied for in the form
prescribed in the fourth schedule of the Act (PPA 1 forms) to the clerk of the Nairobi local
authority. The demolition and construction plans should be attached.

A notice to the local authority of Nairobi should then be issued about your intention to demolish
the two bungalows as per Rule AA 25.1 of the Planning and Building Regulations of Kenya. This
rule requires notice in the form required by the local authority to be given to the authority by the
owner of such building with an indication of when the demolition is to commence. The notice
should be ten days (exclusive of weekends and public holidays) before the demolition of the
building is embarked on.

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 6. POST CONSTRUCTION
Certificate of Practical Completion and Certificate of Occupation
Once the building has been completed there are two certificates that need to be availed: -
Certificate of Practical Completion and the Certificate of Occupancy. A practical completion
certificate is a certificate that is issued in with regard to building works contract by the owner,
signifying that the work as tendered is ready for occupation or use for the purposes intended. It
is issued by a contractor (structural engineer) certifying that the work was completed in
accordance with the criteria specified and on the date stated thus marking the end of his
contractual obligations.
A certificate of occupation, on the other hand, is issued by the County Government, after
inspection and it certifies that the building has complied with building codes and other laws and
that the property is safe for habitation. First and foremost you as the buyer will need to inspect
the property and confirm whether it conforms to what you saw when you signed the offer letter.
If everything is in order, then you can begin the process of applying for a certificate of occupancy.
You will first get an application form from the Land Use and Administration Committee (LAC).
The completed form should thereafter be submitted together with: -

1. Title of the subject piece of land

2. Three copies of the survey plan
3. Tax clearance certificate for three years or evidence of being domiciled outside of Kenya if
you do not reside in the country.
4. 3 copies of passport photos
5. Telephone number and/or email address.
6. Official receipt of the application fee of kshs. 50, for residential land use and kshs. 2,000 for
commercial land use.
7. Fees for advertising on the Kenyan observer that is to be paid directly to the Committee to
allow any objections to the issuance of certificate of occupation.

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RECOMMENDATIONS
We, thus, recommend that you do the following;
1. Undertake due diligence before the start of the project to ensure validity of the land
transaction and your interest in the land.
2. Obtain consents from the relevant authorities as discussed, before the start of the project.
Consents are required to complete any transaction and without them not only will the
lease not be registered but also the project will not be legitimate.

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 (b) LICENCE AGREEMENT
THIS AGREEMENT is made the …………….. Day of …………………. 20……………….
BETWEEN EMERALD CONSTRUCTION LIMITED, a private company incorporated
under the Laws of Kenya, and of Post Office 1010-00100 Nairobi (herein after known as
‘licensor’) which expression shall include its successors and assigns of the one part;
AND…………………………………….of P.O Box ………….(Hereinafter known as
‘Licensee) which expression shall include his successors and assigns of the other part to use the
parking bays at the Licensor’s building subject to the terms of this agreement.
WHERE IT IS MUTUALLY AGREED by and between the parties as follows:
1. The Licensor hereby agrees to rent parking bay number……..located at the underground of
the building (apartment) erected on plot number L.R. 215/1243 Nairobi for a period to be
agreed between the parties.
2. The Licensee shall pay a monthly parking fee of Kshs. 10,500/-, (ten thousand five
hundred) inclusive of VAT.
3. The Licensee shall pay a refundable deposit of 3 months fee payable upfront.
THE LICENSEE AGREES WITH THE LICENSOR AS FOLLOWS:
1. Not to park the Authorized Car in any place other than in the Designated Parking Bay.
2. To keep the Car Parking Space in good order and condition and upon termination of this
Agreement to hand over the Car Parking Space in such state of repair and condition as the
same is at the commencement of this Agreement.
3. Not to block other users of the parking bays.
4. To adhere to all rules, regulations and directions set by the management.
5. To permit the Licensor, or his agent, at all reasonable times and by prior appointment
with the licensee, to enter upon the parking bays to view the conditions thereof.
6. Not to sublet or part with the possession of the parking bay, without the prior written
consent of the Licensor which consent shall not be unreasonably withheld.

TERMINATION
The Licensor reserves the right to terminate this agreement and/or reallocate a different parking
bay to the user.

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IN WITNESS WHEREOF;
The parties hereto have hereunto set their hands this………..day of………………………..2018
SEALED with the seal the Licensor
EMERALD CONSTRUCTION LTD } affix seal
in the presence of:- } ________________
DIRECTOR } SIGN
} ID NO.____________
I certify that the above named …………………….the director of the Licensor appeared before
me on the……..day of…………………….2018 and being identified by the above indicated
identity card acknowledged the above signature to be his and that they he freely and voluntarily
executed this instrument and understood its contents.
______________________________________________
Signature and Designation of Person Certifying
SIGNED by the LICENSEE )
…………………………………… ) ________________
In the presence of; ) SIGN
) ID NO._____________

Drawn by:-
SMART & SHARP ASSOCIATES
ANNIVERSARY TOWERS, 3RD FLR
UNIVERSITY WAY
P.O. Box 8082-00100,
NAIROBI.

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 AGREEMENT FOR SALE

DATED THE DAY OF 2018

AGREEMENT FOR SALE

BETWEEN

EMERALD CONSTRUCTION LTD

(as the “Vendor”)

-AND-

GIANPERO MASCOLINI
(as the “Purchaser”)

Relating to the sale of:

APARTMENT “A1”
Situate on
20TH FLOOR, TITLE NO. L.R. NO. 215/1243 (ORIGINAL NOS. L.R. 209/12345
AND L.R. 209/12346) NAIROBI

Drawn by:-
SMART & SHARP ASSOCIATES
ANNIVERSARY TOWERS, 3RD FLR
UNIVERSITY WAY
P.O. Box 8082-00100,
NAIROBI.

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 AGREEMENT FOR SALE
THIS AGREEMENT IS MADE the day of Two Thousand and Eighteen
BETWEEN EMERALD CONSTRUCTION LTD a limited liability company of Post Office Box
Number 1010-00100 Nairobi (hereinafter called the “Vendor” which expression shall where the context
so admits include the Vendor’s personal representatives and assigns) of the one part, and GIANPERO
MASCOLINI of Post Office Box Number 8109-00200 Nairobi (hereinafter called the “Purchaser” which
expression shall where the context so admits include the Purchaser’s personal representatives and assigns)
of the other part.
AND
TWO-THIRDS COMPANY LTD a limited liability company incorporated in the Republic of
Kenya having its registered office at Nairobi and whose postal address is Post Office Box Number
2354-00100 Nairobi (hereinafter called the “Management Company" which expression where the
context so admits shall be deemed to include its successors and assigns).
In this Agreement, the Vendor and Purchaser are also referred to as “Parties” and “Party” refers to either of
them as the context may require.
WHEREAS:-
The Vendor is registered as Lessee of ALL THAT parcel of land known as L.R. 215/1243 situated
in the Upper Hill area of Nairobi, next to the Don Bosco Catholic Church containing by
measurement six (6) Hectares (Original Nos. L.R. 209/12345 and L.R. 209/12346) or thereabouts
as delineated on Land Survey Plan Number 143561.

The Vendor has agreed to sell and the Purchaser has agreed to purchase the Property for the sum
of Kenya Shillings Forty Five Million (Kshs. 45,000,000/=) and upon the terms and conditions
hereinafter appearing.

1. NOW THIS AGREEMENT WITNESSETH as follows:-

Definitions and Interpretation

1.1 Unless the contrary intention appears, the following definitions shall apply:

“Completion Date” means the 90th day after the Vendor certifies that the unit is ready for
possession and beneficial occupation, and after acquiring a certificate of occupation from the
County Government of Nairobi.
“The building” means the building/apartment to be constructed on the property.

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“The Parties’ Advocates” means Smart & Sharp Associates, 3rd Floor, Anniversary Towers,
University Way, P.O. BOX 8082-00100, Nairobi.
“The Apartment” means three (3) bedroom unit all ensuite which for purposes of identification
is referred to as “A1” situate in part on the 20th floor of the Apartment as delineated in the sketch
map attached and as described in the schedule attached herein.
1.2 The clause and paragraph headings of this Agreement are inserted only for the purpose of
convenience and shall not affect the construction of this Agreement.

2. The Purchase Price

The Vendor shall sell and the Purchaser shall purchase the Property for the sum of Kenya Shillings
Forty Five Million (Kshs. 45,000,000/=) (the “Purchase Price”).

2.1 Deposit

The Purchaser shall pay to the Vendor the sum of Kenya Shillings Eleven Million Two Hundred
and Fifty Thousand (Kshs. 11,250,000/=) being 25% of the purchase price on or before the
execution of this Agreement for Sale.

2.2 Balance of the Purchase Price

The Purchaser shall pay to the Vendor the sum of Kenya Shillings Thirty Three Million Seven
Hundred and Fifty Thousand (Kshs. 33,750,000/=) being the remainder of the purchase price
on or before the date of completion.

3. Possession, Occupational Benefit and Risk

3.1 It is recorded that the building is in the course of planning (off-plan) and construction has not
yet commenced.

3.2 The Purchaser shall take possession of the Apartment (A1) herein immediately after payment
of the purchase price in full after completion of construction of the building and after issuance of
certificate of occupation.

3.3 After payment of the full purchase price, the purchaser shall acquire one (1) share in the
management company.

3.4 All risk and benefit in the Property shall pass to the Purchaser on registration of the transfer.

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 4. Sale Subject to Law Society Conditions of Sale

This agreement is subject to the Law Society Conditions of Sale (2015 Edition).

5. No Encumbrances

The Apartment shall be sold subject to the Acts, Covenants, Conditions and Stipulations as more
particularly set out in the documents of title relating to the Property but otherwise free from any
mortgage, charge, lien or encumbrances.

6. Completion

6.1 Completion shall take place at the offices of the Parties’ advocates.
6.2 Completion shall be on the 90th day after issuance of certificate of occupation.
6.3 The Vendor shall be deemed to have fulfilled his obligations under this Agreement if on or
before the Completion Date, the Vendor notifies the Purchaser in writing that he has in his
possession the following documents:-
6.3.1 Original document of title (Certificate of Lease) in respect of the Land where the
apartment is situated;
6.3.2 The undated Instrument of Transfer (Transfer of Lease) duly executed in favour of
the Purchaser;

6.3.3 Certified copy of Vendor’s Certificate of Incorporation, PIN Certificate of the company
and three coloured passport size photographs of the Vendor’s director(s);

6.3.4 Duly completed and signed form for Valuation of Stamp Duty;

6.3.5 Rent and rates clearance certificates;

6.3.6 Certificate of occupation.

The documents listed in clauses 6.3.1 to 6.3.6 (both inclusive) are hereinafter referred to as the
“Completion Documents.”

7. Registration

The Parties’ Advocates shall submit the transfer of lease together with all the other Completion
Documents for registration within Five (5) working days of receipt of the Completion Documents
from the Vendor and inform the Purchaser in writing of the Day Book Number allocated at the
Lands Registry. The parties Advocates shall within the period of Seven (7) days thereafter (the

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“Registration Period”) endeavour to have the Transfer registered in favour of the Purchaser and
shall as soon as the Transfer is registered and at any rate by the end of the Registration Period
inform the Vendor whether registration has been effected and if not, the reason for non-registration.

8. Transfer
8.1 The Vendor shall transfer its interest to the management company and shall have a
reversionary interest in respect of the property upon sale of the last apartment.
8.2 The Vendor shall only be able to transfer the property to the Purchaser upon issuance of a
Certificate of Lease in favour of the Purchaser.
8.3 The Vendor undertakes to use its endeavours to procure the issuance of the Certificate of
Lease as soon as possible after the registration of the transfer.
8.4 The Purchaser shall accept transfer of the Unit/Apartment subject to all conditions and
servitudes benefiting or burdening the property whether existing or imposed by the Vendor.
9. Time of the essence

Time shall be deemed to be of the essence for all the purposes of this Agreement.

10. Condition of the Property

The Purchaser agrees and confirms that:-

(i) He shall inspect the Apartment (A1) and purchase the same with full knowledge of
its actual state and condition and shall take the Property as it stands. The Vendor
shall therefore not be required to make any improvements thereon.

(ii) The Apartment forms part of the building.

(iii) He will enter into this Agreement solely as a result of his own survey and inspection
as aforesaid and on the basis of the terms of this Agreement and not in reliance
upon any warranty, representation or confirmation either written or oral or implied
or made by or on behalf of the Vendor; and

(iv) He will conduct a search against the title to the property and has full knowledge of
the terms and conditions pursuant to which the Vendor holds title to the Land and
shall not be entitled to raise or make any objection, enquiry or requisition relating
to such title or any particulars thereof after the date hereof.

(v) He shall not claim as against the Vendor of any patent defects in the property.
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 11. Default in Completion
11.1 If either party fails or has failed to comply in any respect with the obligations under
this Agreement for lease on the Completion Date (or such later date as the parties may
agree in writing), the other party may:-
11.1.1 Defer Completion on such terms as it may require (and the provisions of this clause
shall apply to Completion);
11.1.2 Proceed to Completion so far as practicable but without prejudice to its rights hereunder
or otherwise; or
11.1.3 Being otherwise ready, willing and able to complete, rescind this Agreement upon
having given not less than fourteen (14) days written notice of its intention to do so to
the other party and the other party shall have failed to perform its obligations with
regard to Completion prior to expiry of such notice.
12. Costs

The Parties shall bear Advocates’ costs in connection with this transaction but the Purchaser shall
be responsible for the valuation fees (if any), stamp duty and registration fees on the Transfer.

13. Waiver

No failure or delay by the Vendor or the Purchaser in exercising any claim, remedy, right, power
or privilege under this Agreement shall operate as a waiver nor shall any single or partial exercise
of any claim, remedy, right, power or privilege preclude any further exercise thereof or the exercise
of any other claim, right or power.

14. Survival

Save with regard to matters which require to be fulfilled and are in fact fulfilled prior to or at the
Completion Date, this Agreement shall continue to be in full force and effect.

15. Amendment

No amendment to this Agreement shall be effective unless signed in the same manner as this
Agreement.

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 16. Notice

Any notice to be given to any party to this Agreement shall be in writing and shall be deemed to be duly
served upon hand delivery to the physical address of the firm of Advocates acting for and on behalf of the
party to be served.

17. Dispute Resolution

17.1 Should any dispute arise between the Parties with regard to the interpretation,
rights, obligations and/or implementation of any one or more of the provisions of
this Agreement, the Parties shall in the first instance attempt to resolve such dispute
by amicable negotiation.
17.2 Should such negotiations fail to achieve a resolution within Twenty One (21) days,
either Party may declare a dispute by written notification to the other, whereupon
such dispute shall be referred to arbitration under the following terms:-
17.2.1 Such arbitration shall be conducted in accordance with the provisions of the Kenyan
Arbitration Act 1995 (as amended from time to time);
17.2.2 The tribunal shall consist of one arbitrator to be agreed upon between the
Parties failing which such arbitrator shall be appointed by the Chairman for
the time being of Chartered Institute of Arbitrators of Kenya upon the
application of either Party;
17.2.3 The place and seat of arbitration shall be Nairobi;
17.2.4 The award of the arbitration tribunal shall be final and binding upon the
Parties to the extent permitted by law and either Party may apply to a court
of competent jurisdiction for enforcement of such award; and
17.2.5 Notwithstanding the above provisions of this clause, a Party is entitled to
seek preliminary injunctive relief or interim or conservatory measures from
any court of competent jurisdiction pending the final decision or award of
the Arbitrator.
17.3 The fees for arbitration shall be borne by the losing party unless otherwise awarded
by the Arbitral Tribunal.

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 18. Entire Agreement

This Agreement contains the whole agreement and understanding between the Parties relating to
the transaction provided for in this Agreement and supersedes all previous agreements (if any)
whether written or oral between the Parties in respect of such matters.

IN WITNESS WHEREOF the Vendor and the Purchaser hereto have executed this Agreement the day
and year first hereinbefore written.
SIGNED by the Vendor herein ]
EUGENE MOKUA ] Sign: ………………………………..
(DIRECTOR) ] ID No……………………………….
In the presence of: ] PIN No: …………………………..
]
ADVOCATE ]
]

CERTIFICATE
I certify that EUGENE MOKUA the Vendor herein appeared before me on the …………. day of
………………………. 2018 and being known to me acknowledged the above signature to be his
and that he had freely and voluntarily executed this instrument and understood its contents.

--------------------------------------------------------------------
Signature & designation of person certifying

SIGNED by the Purchaser herein ]

GIANPERO MASCOLINI ] Sign: ………………………………..
(PURCHASER) ] ID No……………………………….
In the presence of: ] PIN No: …………………………..
]
ADVOCATE ]

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 CERTIFICATE
I certify that GIANPERO MASCOLINI the Purchaser herein appeared before me on the
…………. day of ………………………. 2018 and being known to me acknowledged the above
signature to be his and that he had freely and voluntarily executed this instrument and understood
its contents.
--------------------------------------------------------------------
Signature & designation of person certifying

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 CONSENT

We TWO-THIRDS LIMITED a limited liability company duly incorporated under the relevant
laws and of Post Office Box Number 2354-00100 Nairobi being the Vendor’s Manager of the
property on Title No. L.R. NO. 215/1243 NAIROBI do HEREBY CONSENT to the agreement
for sale.

SEALED with the Common Seal of )

TWO-THIRDS COMPANY LTD )
in the presence of:- )
)
DIRECTOR )
{Affix Photograph} )
)
)
SIGNATURE: ____________________ )
ID/ PASSPORT NO:___________ )
PIN NO. _____________________ )
)
DIRECTOR/SECRETARY
)
{Affix Photograph} )
)
)
SIGNATURE: _________________ )
ID/ PASSPORT NO: ______________ )
PIN NO. __________________________ )
In the presence of:-
Advocate

DRAWN BY:-
C29 & CO. ADVOCATES
ANNIVERSARY TOWERS, 3RD FLR
UNIVERSITY WAY
P.O. Box 8082-00100
NAIROBI.

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SCHEDULE
“The Apartment” means three (3) bedroom unit all ensuite which for purposes of identification
is referred to as “A1” situate in part on the 20th floor of the Apartment as delineated in the sketch
map attached and as described in the schedule attached herein.
 10” ceilings, spacious floor plans
 Master Bedroom with one full size bathroom plus separate powder room with shower
 Indoor Jacuzzi, underfloor heating
 Custom kitchen, mahogany island with hones Basaltina countertop and Wolf appliances
 Large wood panelled closets with built in drawers and storage.

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