DATED THIS 19TH DAY OF APRIL 2024

ISMAIL KIBBE

(as Vendor)

-AND-

ADAM SALIM

(as Purchaser)

AGREEMENT FOR SALE

In respect of a portion of land on KWALE/ UKUNDA/ 1987

DRAWN BY:
BARAYAN & ASSOCIATES
ADVOCATES
JIWAJI BUILDING, 1ST FLOOR,
BEHIND KONZI MOSQUE
DIGO ROAD.
P.O BOX. 3028-80100.
MOMBASA.
[email protected]
REPUBLIC OF KENYA
 AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made on this day of , 2024

BETWEEN ISMAIL KIBBE of Passport Number C6XZ51ZMN and of C/O Post Office Box
Number 3028-80100 Mombasa (hereinafter referred to as “the Vendor”) which expression shall
where the context so admits include his successors and assignees of the one part AND ADAM
SALIM of National Identity Card Number 28031984 and of C/O Post Office Box Number 3028-
80100 Mombasa (hereinafter referred to as “the Purchaser”) which expression shall where the
context so admits include its successors and assignees of the other part.

NOW THIS AGREEMENT WITNESSES as follows: ‐

1. THE PROPERTY AND OWNERSHIP

The Vendor has acquired ownership of KWALE/ UKUNDA/ 1987 of approximately 0.5 ACRES
situated within Kwale County hereinafter referred to as the Subject property proof of which shall
be submitted upon signing of this agreement.
THE PURCHASE PRICE

1.1. The purchase price (hereinafter called “the Purchase Price”) of the said Properties is
Kshs 800,000/= (Kenya Shillings Eight Hundred Thousand) with a deposit of Kshs
200,000 (Kenya Shillings Two hundred thousand) to be paid upon signing this agreement
and the balance of KShs 600,000 (Kenya Shillings Six Hundred Thousand) to be paid in
monthly installments from July, 2024.

3. ADVOCATES
3.1 The Advocates acting for the Vendor and the Purchaser is Barayan & Associates
Advocates, Jiwaji Building, 1st Floor, Digo Road, and P.O. Box 3028-80100, Mombasa.

4. LAW SOCIETY CONDITIONS

4.1 The Sale is subject to the Law Society Conditions of Sale (2015 Edition) (“the Law Society
Conditions”) in so far as they are capable of having effect and application in this Agreement for
Sale and are not inconsistent with or varied by any of the conditions contained in this Agreement
for Sale or are not specifically hereby excluded.

5. COMPLETION

5.1. The completion date shall be upon full payment of the purchase price by the Purchaser.

5.2. On the date of execution of this agreement and before the completion date the Vendor
through her Advocates shall deliver or procure the delivery to the Purchaser’s advocates, the
following documents, namely:
 A. Original Certificate of Title for the properties.

B. Transfer, in triplicate, duly executed by the Vendor in favor of the purchaser.

C. Rates Clearance Certificate valid for at least 21 days from the Mombasa County
Government.

D. Duly completed Stamp Duty Valuation Form.

E. Three (3) colored passport size photographs of the Vendor’s.

F. Any other document, consent and/or authorization necessary and relevant for completion
of this sale transaction.

6. CONDITION OF PROPERTY

The Purchaser has scrutinized the ownership documents, ascertained the beacons and has
inspected the properties and is well versed with its boundaries and purchases the same as it is.

7. POSSESSION

7.1 The Vendor shall surrender possession of the said property upon signing this agreement and
the Advocate for the Vendor and Purchaser shall hold the Original Title in trust of both the
Vendor and Purchaser until full payment of the purchase price.

8. CONSENTS AND CLEARANCES

The Vendor shall in accordance with Clause 5.2 hereinabove obtain all the consents and
clearances requisite for the completion of this Agreement for Sale at his own costs.

9. SURVIVAL

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

10. 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.

11. REMEDIES CUMULATIVE

Any remedy or right conferred upon the Vendor or the Purchaser for breach of any term in this
Agreement including the right of rescission shall be in addition to and without prejudice to all
other rights and remedies available to them.

12. VARIATION

12.1. No variation of this Agreement for Sale shall be valid or effective unless such variation
shall have been made in writing and signed by both the Vendor and the Purchaser or their
respective Advocate provided always that the expression “variation” shall include any variation,
supplement, deletion, amendment or replacement, howsoever effected.

12.2. Any reference to an obligation imposed upon a Party by this Agreement for Sale and
the Law Society Conditions includes reference to any obligation undertaken or Intended to be
undertaken by the Party’s Advocates on the party’s behalf.

13. NOTICES.

Any notice, request or demand required or permitted to be given or made under this Agreement
for Sale shall be in writing and shall be deemed to have been duly given or made when sent by
pre‐paid postage or delivered to the physical address of the firm of Advocate acting for and on
behalf of the party intended to be served and duly acknowledged by stamping.

14. LEGAL CHARGES AND OTHER ATTENDANT CHARGES

Each party shall bear his or its own Advocates legal charges and expenses in connection with this
sale transaction but the Purchaser shall bear the charges relating to Stamp Duty and the requisite
registration charges at the Lands Office.

15. ENTIRE AGREEMENT

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

16. ENDURING NATURE OF AGREEMENT

This Agreement shall continue to be in force and effect, notwithstanding completion having
taken place, for as long as may be necessary for the mutual reliance on the provisions of the
Agreement by the parties to it.

17. HEADINGS

The headings of this agreement and of any clauses in it are inserted only for the purposes of
convenience and shall not affect the construction of this agreement.
18. BINDING EFFECT

Each of the parties hereby agrees and confirms for the purposes of the Law of Contract Act
(Chapter 23, Laws of Kenya) and the Land Act she or he (as the case may be) has executed this
Agreement with the intention to bind herself or himself (as the case may be) to the contents
hereof.
19. ARBITRATION CLAUSE
In any event there is breach by either party then parties must first seek to resolve the matter
through a mutual certified Arbitrator before proceeding to court.

IN WITNESS WHEREOF the parties have set their respect hands first hereinabove written.

SIGNED by the Vendor ]

ISMAIL KIBBE ] ……………………………….

In the presence of:- ]

Advocate

I CERTIFY that the Vendor appeared before me on the ……………………………..day of

………………………………. 2024 and being known to me/being identified by Passport No.
C6XZ51, Acknowledged the above signatures or marks to be theirs and that they had freely and
voluntarily executed this Agreement and understood its contents.

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Signature and Designation
Of Person Certifying

SIGNED by the Purchaser ]

MOHAMED HASSAN MOHAMED ] ……………………………….

]

In the presence of:- ]

Advocate

I CERTIFY that the Purchaser appeared before me on the ……………………………..day of

………………………………. 2024 and being known to me/being identified by National
Identity Card Number 31009135 Acknowledged the above signatures or marks to be theirs and
that they had freely and voluntarily executed this Agreement and understood its contents.

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Signature and Designation
Of Person Certifying