FIRM SEVEN ADVOCATES

NOTARIES PUBLIC & COMMISSIONER FOR OATHS

SIRON TOWERS, 3RD FLOOR

PARLIAMENT ROAD
P.O. BOX 432-00100
NAIROBI
TEL:+254 796055954/+254 736372352
E-MAIL:firmseven@gmail.com

OUR REF: MMT/002/24

Date: 16/02/2024

Bila Hakiri,
P.O. BOX 232-00100
NAIROBI
TEL:+254 765432314
Email:bilahakiri@gmail.com

Dear Sir,

RE: LEGAL OPINION ON CAUSE OF ACTION AGAINST JOB KAZI.

Following our meeting and your email outlining the circumstances surrounding the land sale

agreement with Mr. Job Kazi on Monday 22 January 2024, we wish to express our opinion as

follows,

For more than two decades, you and Mr. Job Kazi have been neighbors in the rapidly expanding

outskirts of Nairobi. Faced with financial challenges stemming from the loss of his job due to the

COVID-19 pandemic, Mr. Kazi decided to sell his land. Leveraging your longstanding

neighborly relationship, he extended to you the opportunity to acquire the land at a considerably
 FIRM SEVEN ADVOCATES
NOTARIES PUBLIC & COMMISSIONER FOR OATHS

SIRON TOWERS, 3RD FLOOR

PARLIAMENT ROAD
P.O. BOX 432-00100
NAIROBI
TEL:+254 796055954/+254 736372352
E-MAIL:firmseven@gmail.com

reduced price. Despite this unexpected gesture, you, having recently supplied the government

with COVID-19-related materials, promptly paid the agreed-upon amount of Kshs. 1,000,000/-

in cash for the land which was an eighth of an acre.

Regrettably, the night following the agreement, Mr. Kazi's residence fell victim to a burglary,

resulting in the loss of Kshs. 900,000/-. Additionally, Mr. Kazi incurred expenditures of Kshs.

100,000/- on drinks. Subsequently, he reported the incident to the police, asserting that the stolen

sum represented his long-standing savings kept under his mattress.

Upon seeking clarification from Mr. Kazi, you were taken aback as he categorically denied both

the existence of the land sale agreement and the receipt of any payment. This denial directly

contradicts the documented agreement and introduces a significant challenge to the legitimacy of

the transaction.

In light of the facts you presented, we have canvassed the following pertinent issues for

determination:

a) Whether there existed a valid contract between you and Job Kazi?

b) Whether Job Kazi is liable for breach of contract?

c) Whether there is a legal remedy against Job Kazi?

We proceed to analyse the above issues as follows:

 FIRM SEVEN ADVOCATES
NOTARIES PUBLIC & COMMISSIONER FOR OATHS

SIRON TOWERS, 3RD FLOOR

PARLIAMENT ROAD
P.O. BOX 432-00100
NAIROBI
TEL:+254 796055954/+254 736372352
E-MAIL:firmseven@gmail.com

1. Whether there existed a valid contract between you and Job Kazi

The primary question is whether a valid contract was established between you and Job Kazi.

For a contract to be valid, it must have the following essential elements of contract

formation, including offer, acceptance, consideration, certainty, capacity, consent and

intention to create legal relations.. The court of Appeal in William Muthee Muthami versus Bank

of Baroda (2014) eKLR, stated that for a contract to be valid under the law of contract, it must be

proved that there was offer, acceptance and consideration.

“In the law of contract, the aggrieved party to an agreement must, in addition, prove that

there was offer, acceptance and consideration. It is only when those three elements are

available that an innocent party can bring a claim against the party in breach.”

You and Job Kazi made an oral contract and all these elements existed in your contract. Job

Kazi made a proposal to sell you his land, this amounted to offer, and you accepted the

proposal and this amounted to acceptance. The terms of the oral contract was that the

purchase price would be one million shillings payable in full and that the transfer of property

would be done one day after the entire sum one million shillings, of which you fulfilled.

2.Whether Job Kazi is liable for breach of Contract?