AGREEMENT FOR SALE OF LAND
BY AND BETWEEN
LEO BLASI AKONAAY
AND
ANTHONY HENRY KITAULI LASWAI
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FOR THE SALE OF LAND SITUATED ON A RIGHT OF OCCUPANCY ON
PLOT NO. 5, BUGURUNI SERVICE TRADE AREA, ILALA
MUNICIPALITY, WITHIN THE CITY OF DAR ES SALAAM, HELD
UNDER A CERTIFICATE OF TITLE NUMBER 28757
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DRAWN BY
GEOFFREY SIKIRA, ADVOCATE
FK LAW CHAMBERS
FK HOUSE
PLOT NO. 23,
SEA VIEW
P. O. BOX 20787
DAR ES SALAAM
AGREEMENT FOR SALE OF LAND
This Agreement is made at Dar es Salaam this ……. day of
September 2005
By and Between
LEO BLASI AKONAAY, a natural person living and working for gain
in Dar es Salaam of Postal Office Box 21904, Dar es Salaam, hereinafter
called the Vendor, (which expression shall include wherever applicable,
his legal representatives and assigns) of the ONE PART.
AND
ANTHONY HENRY KITAULI LASWAI, a natural person living and
working for gain in Dar es Salaam of Postal Office Box 42806, Dar es
Salaam, hereinafter called the Purchaser, (which expression shall include
wherever applicable, his legal representatives and assigns) of the ON
THE OTHER PART.
WHEREAS the Vendor, in 1994, has purchased the land and all that other
property and developments situated on Plot Number 5, Buguruni Service
Trade Area, Ilala Municipality within the city of Dar es Salaam from
Jumanne Ramadhani Mvuwoni, Mohamed Mshamu Salum and Denis who
were the joint occupiers of the land;
AND WHEREAS the Vendor has agreed with his wife namely Mrs.
Veneranda Qulwi Akonaay to sell the said land to the Purchaser and the
wife has agreed that the land be sold to the Purchaser;
AND WHEREAS the Vendor is in the process of transferring the property
unto himself and is going to lodge the relevant documents with the
Ministry of Lands as soon as practicable;
AND WHEREAS the Vendor has offered to sell the land to the Purchaser
together with all exhausted and unexhausted improvements made,
carried and undertaken on the plot where the said land is situated, subject
to the terms and conditions hereinafter appearing, and the purchaser has
agreed to buy the said land as it is more particularly described in the
Certificate of Title referred above;
NOW THIS AGREEMENT WITNESSETH AS UNDER:
1. That subject to the Vendor’s agreement with his wife namely Mrs.
Veneranda Qulwi Akonaay, the Vendor shall sell and the Purchaser
shall buy the said property free from any encumbrances, lien or
third party notice for a consideration of Tanzania Shillings Eighty
Five Million Only (Tshs. 85,000,000.00 Only), (hereinafter called the
purchase price) subject to the terms and agreement of payments in
accordance to the installments agreed under this agreement.
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2. That the Purchaser has already paid the Vendor the sum of Tshs.
Seven Million Three Hundred Thousand Only (Tshs. 7,300,000.00)
which was used by the Vendor to clear the outstanding debts in
respect of the said plot which were left by the previous joint
occupiers as pointed out above.
3. That the sum of Tshs. Fifty Million (Tshs. 50,000,000.00) will be paid
by the Purchaser to the Vendor by way of a Banker’s Cheque
Number 018110 [A copy of which is attached to this agreement]
which will be handed to the Vendor at the time of executing this
agreement.
4. That the Purchaser shall pay the Vendor the sum of Tshs. Three
Million Seven Hundred Thousand Only (Tshs. 3,700,000.00) within a
period of one (1) month from the date of signing this agreement
(that is the 15th day of October 2005) as part payment of the
purchase price agreed and hence making the remaining payment to
be Tshs. Twenty Four Million Only (Tshs. 24,000,000.00)
5. That the said remaining balance of Tshs. Twenty Four Million (Tshs.
24,000,000.00) will be paid in three installments of Tshs. Eight
Million (Tshs. 8,000,000.00) whereby the 1 st installment will be paid
on the 15th day of November 2005, the 2 nd installment on the 15th
day of December 2005 and third and last installment on the 15 th day
of January 2006. Provided that if the Purchaser is capable to pay the
remaining balance in full at any time he may do sum upon
consultation with the Vendor provided that the transfer has already
been effected from the previous joint occupiers to the Vendor.
6. That the Vendor undertakes to effect the transfer of the said
property as soon as practicable so as to enable the Purchaser to
effect the transfer of the property unto himself as soon as
practicable.
7. That the Vendor undertakes to make the premises available for use
by the Purchaser free from any interference from any person after a
period of Forty Five (45) days from the date of execution of this
agreement (which is on the 30th day of October 2005) and the
Purchaser shall be entitled to enter and occupy the said premises on
the said date.
8. That the Vendor shall hand over all the original documents
pertaining to the land including the Certificate of Title on the date
within the last installment will be paid, and the Parties hereto shall
execute the relevant documents for the transfer of the said property
to the Purchaser on the date on which the last installment is paid.
9. That the Vendor hereby covenants with the Purchaser that the
property is his, being the Purchaser thereof from the Three previous
joint occupiers and that should the Purchaser loose ownership of the
property due to the fact that the Vendor has no right to the property
then the Vendor shall be entitled to refund all the money paid to
him by the Purchaser.
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10. That by signing this agreement, the Vendors declares and
acknowledges that out of the purchase price of Tshs. Eighty Five
Million Only (Tshs. 85,000,000.00), he has partly received a total of
Tshs. Fifty Seven Million Three Hundred Thousand Only (Tshs.
57,300,000.00) and that the remaining amount is Tshs. Twenty
Seven Million Seven Hundred Thousand Only (Tshs. 27,700,000.00)
which will be paid as stipulated under paragraphs four (4) and five
(5) hereinabove.
11. The Purchaser hereby covenants with the Vendor that he will pay
the remainder of the Purchase Price in accordance to the agreed
installments as stipulated above on the dates which have been
pointed out above and in case the Purchaser fails to honour the said
payments, then the Vendor shall be entitled to refund the money
which has already been paid to him by the Purchaser and shall claim
back his land.
IN WITNESS WHEREOF the parties hereto have duly executed these
presents in the manner and on the date hereinafter appearing.
Signed and delivered at Dar es Salaam by the said }
Leo Blasi Akonaay who has been identified to }
me by Anthony H. K. Laswai, who known to me }
………………………
personally this ……day of September 2005 within the }
VENDOR
above named Vendor }
Before Me:-
Signature: ……………………………….……..
Qualification: ADVOCATE/NOTARY PUBLIC
Signed and delivered at Dar es Salaam by the said Mrs. }
Veneranda Qulwi Akonaay who has been identified }
to me by Anthony H. K. Laswai, who known to me }
………………………
personally this ………day of September 2005 within the }
WITNESS
above named Witness }
Before Me:-
Signature: ……………………………….……..
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Qualification: ADVOCATE/NOTARY PUBLIC
Signed and delivered at Dar es Salaam by the said }
Anthony H. K. Laswai who is known to me }
……………………
personally this …… day of September 2005 within the }
PURCHASER
above named Purchaser }
Before Me:-
Signature: ……………………………….……..
Qualification: ADVOCATE/NOTARY PUBLIC
DRAWN BY:-
GEOFFREY SIKIRA, ADVOCATE
FK LAW CHAMBERS, ADVOCATES
FK HOUSE
PLOT NO. 23, OCEAN ROAD
SEA VIEW
P. O. BOX 20787
DAR ES SALAAM
