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MINUTES OF FIRM 23’S MEETING HELD ON 7TH MAY, 2019 AT 1.45 PM AT MOOT COURT TWO.
MEMBERS PRESEENT
AJENDA.
1. PRELIMINARIES
2. MEMBERS SUBMISSIONS BASED ON THEIR FINDINGS
3. AOB
MINUTES
The group leader call the meeting to order at 1.45 pm where she welcomed all the members present,
and give an apology of the members who were absent with apology.
Mwai Otieno discussed with the members his findings on the need to do due diligence by investigating
the title through search, requisitions, physical inspection of the property .
Kirui Isaiah submitted that the parties must have written contract for the sale of land in conformity with
the Law of Contract and the Land Act of 2012, executed and attested by a witness. It was discussed
about the essential contents (clauses) of the agreement for the sale of land.
MIN4/7: ADVICE ON HOW THE CLIENT IS TO APPROACH THE BANK FOR A LOAN.
Esther enlightened the members to the effect that, it’s by way of power of securitization that Bank can
be approached via letter of offer, where after successful registration of a charge the land becomes
encumbered.
Sheila informed the members that professional undertaking is necessary before the bank could release
the loan .it also allow the vendor to consent to transfer before completion.
Peter submitted that charges are registered as an encumbrance on the land. Thus, client should be
aware that it is a restriction against dealing with encumbered land without consent of the chargee.
Ndirangu noted that chargee has more protection than chargor including selling the property, leasing,
appoint a receiver while chargor can sue for breach of professional undertaking if loan isn’t released.
Ivory submitted that management company is critical in relation to the developed property .it acquires
all the shares and lease out to the purchasers.
Gathoni and Abigail submitted as to the requirement that parties shall enter into agreement for the
purchase of undeveloped property and purchasers should pay deposits.
MIN 12/7:AOB
There being no other business, the meeting was adjourned and the next meeting was scheduled.