THE CATHOLIC UNIVERSITY OF EASTERN AFRICA

A. M. E. C. E. A P.O. Box 62157

00200 Nairobi - KENYA
Telephone: 891601-6
Ext 1022/23/25
Fax: 254-20-891084
email:det@cuea.edu
exams@cuea..edu
directorofexams@cuea.edu

CLS 225: PROPRIETARY TRANSACTIONS IN LAND

COURSE INSTRUCTOR: SHADRACK WAMBUI

CONTINUOUS ASSESMENT TEST

Question

Mr. Finance Bill is a wealthy man living in Mombasa but wishes to do some serious
commercial farming in Kajiado County. He visits your law firm Chambers Okil Kamaloka
& Associates Advocates in the company of Mr. Buloti Maguta Maguta whom is
introduced to you as a land owner in Kajiado County owning over 3000 acres of freehold
land in Kisaju.Mr. Finance Bill informs you that he wishes to purchase 300 acres of land
from Mr. Maguta Maguta at an agreed consideration of kshs.1.5 million for each acre of
land and that it has been mutually agreed that a deposit of 10% will be payable to
Mr.Maguta Maguta immediately upon the execution of the agreement. It is mutually
accepted that he will thereafter take possession of the land known as Kisaju/399/289
registered in the name of Maguta Maguta and his wife Mrembo Maguta Maguta with the
balance payable within ninety days. It has also been agreed between the parties that the
land is being sold as is with all the fixtures therein forming part of the land.

After successfully negotiating your fees, you have been tasked with the drawing of the
relevant document to be executed by the parties to ensure a successful transfer of the
interest. Moreover, since the parties herein are strangers to each other, Mr. Maguta
Maguta implores you to protect his interest by first securing the remaining part of the
consideration before facilitating or causing the transfer of the property in issue.He asks
that you write to his son Maguta Junior now an Advocate who shall be acting alongside
you to make the transaction a success After engaging Mr. Finance Bill on Mr. Maguta
Maguta’s apprehension, he reacts by causing depositing the remaining part of the deposit
to your firm account as a demonstration of his seriousness.

a. Kindly draw the relevant legal document capturing the parties’ intentions to be
legally bound;
b. Draw the relevant document to Mr. Maguta Maguta giving him the assurance that
the remainder of his deposit will be paid immediately to him by you upon the
surrender of all the completion documents and execution of the transfer papers;
c. Proceed and draw the transfer document that would guarantee the successful
registration of the land in the name of Mr. Finance Bill.

(30 marks)