Conveyance assignment Copy

THE LAW SCHOOL OF TANZANIA

18TH COHORT

COURSE NAME: CONVEYANCING- LS 107

COURSE INSTRACTOR: Dr. R. W. TENGA

NAME: MOUDY J.MKINGA

REG#: LST/2015/18/375

ASSIGNMENT:

Assignment 3

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(a)To write a detailed short list of the various activities that

must be undertaken to complete the sale in this particular

matter.

The following are Steps and stages of the pre contract phase up

to registration stage on the sale of the right of occupancy.

1. Buyer contact with the Seller

The Buyer may make a contact either through a phone or other

communication means.

Here the Buyer after heard the announcement on the sale of the

right of occupancy will decide to make some inquiry. He may wish

to know the following as kept in the Form.

BANNEX “A”

2. On site inspection.

After the questionnaire to the Seller, then Buyer must make

physical inspection and appear at the plot for confirming its

existence, suitability and sizes as Seller says. You may

investigate the neighbors and boundaries.

ANNEX “B”

3. Official search.

At this stage the Buyer will make search of the land officially.

The search can be done by filling a form as per section 97 of

Land Registration Act1. The search is done to land Registrar

office. It has intention to know if the plot is owned by the1 [CAP 334 R.E 2002]

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Seller, if it has encumbrances such as mortgage, liens, interest

with others or any filed documents, the index map or any plan

filed in the land registry. Also consider if the matrimonial

house or not. In case the land contains some interest with

others Buyer should involve on how to discharge those rights

attached to the plot. A person who requests to search may be

entitled to receive particulars of the subsisting memorials

appearing in the land register relating thereto.

The form to fill in will be as shown in Annex C.

ANNEX “C”

4. Pre contract agreement

At this stage the Buyer and Seller may agree to the pre contract

agreement. This agreement will be of the effect that Seller

should not involve in any arrangement of sale of the property

unless the time of such contract elapse. This contract will help

Buyer not to lose the property during at preliminary arrangement

to buy the property. The contract locks out the third party from

contract with Seller to sell the property, also lock in the

parties to the contract until the time in the contract elapsed.

ANNEX “D”

5. Seller’s Questionnaire.

Thereafter make an official search and still the interest to buy

maintained, the Buyer may decide to meet or contact otherwise

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with Seller for some interview on the plots to reveal all

relevant information of the plot. The Buyer will use this chance

to gather information as which are both latent and patent defects

on the plot; therefore the Seller has obligation to reveal all

correct and honest information on the plot.

The Buyer may use the following Questionnaire:

ANNEX “E”

6. Survey and Valuation

At this stage the Buyer is interested to know the value of the

plot to be bought. It is fundamental principle to know the value

of the land for any disposition. According to section 3(1)f2 an

interest in land has value and that value is taken into

consideration in any transaction affecting that interest. The

value of market price should be known to Buyer to assess if the

price which will use to buy the plot correspond with real value

of the plot. The buyer may see beyond the creativity and the wow,

and get to the practicalities of the plot.

ANNEX “F”

7. Draft sale agreement

This is a stage of contract. It is after the pre contract stage

finished. The parties will draft the sale agreement deed to make

sure the parties enter in prospective transfer of the land/house.

It must specifying the date of drafting and completion of the

deed of transfer then shall be signed by the parties.

2 The Land Act [CAP 113 R.E 2002]

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ANNEX “G”

8. Draft deed of transfer of right of occupancy

At this stage the Seller will declare to the Land Registrar that

he/she transfer his land to the Purchaser for consideration as

they agreed (state the price). If at the execution of deed of

transfer and sale agreement the transferee deposits a sum towards

purchase price a receipt for the deposit must be issued.

ANNEX “H”

9. Payment of all levies and cost stage

At this stage payment of all levies such as rent which depends on

the valuation report, stamp duty and capital gains tax must be

paid as prescribed by law3. The Commissioner shall not accept any

surrender of any occupied land unless all rent, taxes and dues

owned to the Government in respect of that land are fully paid

up4. Generally at this stage predict obtaining certificate of

clearance of land rent, establishing actual value of the

property. Obtaining capital gains clearance certificate by

completing capital gains tax questionnaire then submitting the

questionnaire to the Income Tax Department with the necessary

attachments like Assessment of cost of construction, Valuation Report and Sale

Agreement as executed.

ANNEX “I”

10. Disposition stage3 Section 39(8)a of Land Act [CAP 113 R.E 2002]4 Section 42(2) (supra)

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It is a stage of dealing out with approval5 and making

notification6 to Commissioner for land and Registrar. Parties

must enclose with the applications a letter of offer, transfer

deed, two passport size photos for the vendor and buyer, sale

agreement, receipt paid on notification of disposition, receipt

paid on application for approval, valuation report and approval

receipt, current land rent receipt and notification of

disposition in triplicate.

Other document will include birth certificate and passport. If

Seller is a company, the Memorandum of Association and Articles

of Association of the company, company resolution to buy or sell

the property and other relevant particulars. For a foreign

company a certificate of incentive from Tanzania Investment

Center (TIC) will be required.

ANNEX “J”

ANNEX “K”

11. Register the transfer stage

The parties should observe their obligations if done on specified

dates. Parties shall make completion statement and ensuring

surrenders of Certificate of Occupancy to transferee. Thereafter

the transferee after possessing the certificate of Occupancy

shall lodge an application to register the transfer. It is very

important to register the transfer because title does not pass

5 Section 39 of Land Act , no. 4 ,1999 CAP 1336 Section 36 of Land Act, , no. 4 ,1999 CAP 133

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unless the purchaser lodges his application to register the

transfer7. Once the appropriate authority8 has granted his

approval to a transfer, The Registrar of Titles will have no

discretion to withhold registration9 unless any of the

circumstances mentioned in Section 4210 are not fulfilled.

ANNEX “L”

ANNEX “M”

(b) A Legal Memorandum to the Managing Partner of a Firm onMs. Siwema Jabali’s Matter.

LEGAL MEMORANDUM

This Legal Memorandum is in respect of the client Ms. SIWEMA

JABALI on the sale of the land situated at Plot No. 264, Block No7 Section 62(2) of Land Act, , no. 4 ,1999 CAP 1338 Section 36 and 39 of Land Act, no. 4 ,1999 CAP 1339 Stephen Kiame Sefu v Registrar of Titles (1988) TLR 12710 Section 42 of Land Act, , no. 4 ,1999 CAP 133

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“D” Kinondoni Municipality Dar es Salaam. The Memorandum aim to

advice the client on the issues of disposition and to make sure

that the transaction completed successfully.

FACTS

MZEE ZIMAMOTO is a owner of the house located at Plot No.264,

Block D, Medium Density, Sinza Area, Kinondoni Municipality under

a Right of Occupancy for residential purposes for 66 years, which

was registered from 1970. The plot has two separate houses. One

house was leased to MS SIWEMA JABALI as a year tenant for a

monthly rent of TZS 800,000. MZEE ZIMAMOTO consented to MS

SIWEMA JABALI to make repair of the state condition of the house

with an oral agreement that they will set off in the future rent.

Also MZEE ZIMAMOTO used to borrow some amount of money from his

tenant. On the mean time MZEE ZIMAMOTO issued a notice to MS

SIWEMA JABALI required her to either vacate or to purchase the

house at the consideration of TZS 120,000,000 Million. The house

was mortgaged to WAKULIMA BANK LTD to secure a sum of TZS

50,000,000.00 which he wants to discharge by selling the house.The valuation report for a loan dated 6th July this year, had valued

the open market price for the property to be Tsh. 150,000,000/=.

ISSUES

i. Whether Mzee Zimamoto had a good Title to pass to Ms. SIWEMA

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ii. Whether she has to purchase the house under the same title

that covers the other house;

iii. Whether she can trust Mzee Zimamoto not to sell the House to

some other buyers once she is committed to the process of

buying the house;

iv. Whether the price she has been offered by Mzee Zimamoto is

realistic given the state of repair of the House;

v. Whether the mortgage to the WAKULIMA BANK LTD may bar the

whole process of disposition.

vi. Whether the house is a matrimonial home which will need

consent of a spouse.

RULES

The rules relating to the disposition of the land are;

i. Land Act No.4 of 1999

ii. Land Registration Act Cap 334

iii. Land regulation of 2001

iv. Unit Title Act of 2008, section 4 and 8

v. Law marriage Act R.E 2002, section 59

vi. Urban and Palanning Act of 2007

vii. Walford and others vs.Miles PLC 1991, 11(2)

viii. Cable & Wireless Plc v. IBM United Kingdom(2002) EWHC 2059

APPLICATION OF ISSUES

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On regarding to the first issue as to whether MZEE ZIMAMOTO had a

good Title to pass to MS SIWEMA JABALI I will advice her to

conduct Official Search at Land Registry in order to verify the

owner and to know if there are any encumbrances. The law provides

that;

“Every person acquiring any estate or interest in any registered land shall be deemed to

have actual notice of every subsisting memorial relating to such land in the land

register at the moment when he acquires such estate or interest and, in the case of

subsisting memorials inscribed in those parts of the land register which contain the

description of the land and the particulars of encumbrance, of any filed documents to

which those memorials refer11”.

This emphasizes the Caveat emptor principle which requires a

buyer to take some necessary steps before concluding a contract

over the property to be demised and it is a mandatory requirement

under section 34, 97 and 98 of the Land Registration Act. If

there is an existence of mortgage you can make an application for

Discharge of mortgages which are now made under S. 12112 and

form is the prescribed Land Form No. 4413.

In dealing with the issue as to whether she has to purchase the

house under the same title that covers the other house the

position is that; the law does not allow the purchase of the

property with the same title that covers the other house. However

11 Section 34 of Land Registration Act12 Land Act no. 4 of 1999 as amended by Act No. 2 of 2004.13 Government Notice No. 355 of 2009.

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the law provides some requirements to be fulfilled by the

proprietor or owner of that property before conveying.

i. Firstly the law requires such parcel or land to be divided

into two parcels or more by canceling the folios of the

Land register as provided under section 83 (1) of the Land

Registration Act.

ii. Also such person shall make an application to the

Director and paying necessary fees as provided for under

section 31 and 32 of the Urban and Planning Act of 2007

which states as follows;

“…. A person shall not subdivide any land unless obtains written approval

from the director and a copy shall be forwarded to the commissioner for lands

together with the plans of the approved”

….must deposit a sum sufficient to cover the fees for the survey of all lots

comprised in the permitted subdivision or of such lots as the Director of survey and

mapping may consider desirable to be surveyed at the same time…”

iii. Further the law requires that if such parcel or land to be

divided has mortgage it should be to discharge first and

obtaining consent to the mortgagee before disposing the

property as per section 83 of the Land Registration Act.

This can be done by making an application in the prescribed

form made with the consent of the commissioner.

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iv. After the Plot has been divided the seller should make an

application for the creation of Unit of Titles as provided

for under section 4(2) of the Unit Titles Act of 2008 and

upon payment of the prescribed fee the registrar should

issue a Unit Certificate of Title in respect of the unit as

per section 8 of the same Act.

v. After all this has been done, that means the seller after

being issuing with the Certificate of Title of the unit he

can precede with the disposition by using the Unit Title as

provided under section 9(3) of the Unit Titles Act the same

manner as provided under the Land Registration Act and Land

Act.

Also on dealing with the issue as to whether she can trust MZEE

ZIMAMOTO not to sell the House to some other buyers once she is

committed to the process of buying the house I should advice MS

SIWEMA JABALI to enter into pre contract agreement with the

Seller. This is an agreement to lock-out or lock in the seller

and the buyer14 not to negotiate with third parties while MS

SIWEMA in committing herself to the process of buying the house.

The agreement should be in express good faith and must provide

for the clause to held a party liable in case of breach as it was

observed in the case of Cable & Wireless Plc v. IBM United Kingdom(2002)

EWHC 2059 where parties entered into pre contract agreement in

14 Walford and others vs.Miles PLC 1991, 11(2)

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good faith goes further to agree that disputes will be settled

by way of alternative dispute resolution. The court find that the

obligations was sufficiently certain to be enforceable. In this

case you may note that parties had not simply agreed to attempt

in good faith to negotiate a settlement but went further by

identifying a particular procedure that is Alternative Dispute

Resolution Procedure.

Further on advising the client whether the price she has been

offered by Mzee Zimamoto is realistic given the state of repair

of the House, the following point should be taken into

consideration. Firstly I should advise Ms Siwema Jabali to

prepare a Valuation report to establish current market value of

the property to be disposed taking into consideration the state

repair of the house. It is also provided under section 37(4) and

section 41(3) of the Land Act as a mandatory requirement. This

also will help the buyer to disapprove or approve the valuation

submitted by the Seller by actual recent actual market value15 to

her as sometimes it may amount to misrepresentation and also to

satisfy the doctrine of caveat emptor.

Mortgage is a transfer of an interest in immovable property for

the purpose of securing payment of money. In the transaction in

hand one Mzee Zimamoto mortgaged his property to WAKULIMA Bank

Ltd of value of Tshs. 50,000,000/= Mzee Zimamoto has to

discharge the mortgage16 which was for a loan from Wakulima bank

15 Regulation 4, GN.No.78 of 2001 (Assesment )16 Section 121 of land Act

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so as he can sell the property free from encumbrance.

Alternatively in solving this, the Purchaser can agree with the

seller to pay the outstanding Balance TZS 50,000,000/= direct to

the Bank in order to redeem the mortgage and the Vendor will be

paid the balance which will remain at the time concluding the

contact. On the part of the purchaser she has also to make sure

that the property is free from any encumbrance, the mortgage has

discharged so that she cannot be liable for any liability from

the bank.

After completing discussing the above raised issues, there are

other legal arguments which will be important in order to

complete this transaction of disposition by my clients. That, I

will advise my clients to obtain valuation report from the

Government Valuer in order to know the value of the property

where the purpose of the valuer report is for the government to

be able to tax what is supposed to be taxed properly. The Income

Tax Act17 provides under section 9 that payment of tax is

mandatory, failure to pay it, the Commissioner of Income Tax will

not approve the transfer of the Title.

Also I should advice Ms Siwema Jabali , to get consent from theCommissioner for Land in order to make disposition of Right ofOccupancy. Generally, Land Act, provides under section 36(2) thatdisposition of a Right of Occupancy does not require consent ofthe Commissioner for Land or Authorized Officer as provided butsection 37(1) and (5) of Land Act provides for exception to that,that Commissioner shall have power to consider and approve the

17 [CAP 332 R.E. 2002]

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categories of disposition of land and subsection (5) provides adisposition which has been carried out without first obtain theapproval of the Commissioner shall be inoperative. This has beenalso discussed in the case of Abuay Alibhai Aziz vs Bhatia Brothers Ltd(Misc Civil App) No 1 (1999) in this case the court declare thedisposition as inoperative because the commissioner does notapprove it

To the purchaser, she also needs to know the nature of the

property she is going to purchase whether it is a matrimonial

property or not. After knowing that it is a matrimonial property

she has to know whether the wife has consented to sell the

property if yes she must seek consent from wife in written form

and signed to the Commissioner for Oath.

In a transaction of disposition of land there is liability on the

parties to go for search in to establish a good Title because

what the buyer wants is to buy the property without any

encumbrances and the place where the buyer can get the

information is from the office of the Registrar of Title. Also he

may make search to the nearest Municipal Council Office at the

District Land Office. Every person acquiring any estate in any

registered land shall be deemed in to have actual notice of every

subsisting memorial. The Purchaser is justified at law in the

assumption that what the Register contain is true and is all that

there is about the property.

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(c) To draft necessary pre contract document that may protect MS

SIWEMA JABALI interest in purchasing the property.

L. R. F NO.____

UNITED REPUBLIC OF TANZANIA

LAND REGISTRATION ACT

(CAP 334)

APPLICATION FOR AN OFFICIAL SEARCH

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(Under section 97)

To: The Registrar of Titles.

P.O. Box …………………..

I/We………………………………………Title No…………………………hereby request you to search

the register in respect of the above title and advise me/us on

all particulars (if any) of the subsisting memorials appearing in

the land register relating thereto.

From: ………………………………………………

P.O. Box …………………………………………

(Date)____________ (Signature)______________

______________________________________________________

_________

For Official Use:

G.R.R. No. of issued. ……….

Search No………..

OFFICIAL SEARCH

The following is a summary of the subsisting entries on

Property: District Title No………….

Place…………..

Description………..

Area:………….

Tenure: Right of Occupancy

Term: Years from:………

Rent: Shs. Per annum (subject to revision)………..

Reservations:………..

Owner:…………

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Incumbrances:……….

Registrar of Titles:___________

(Date)______

L. R. F NO……


THE LAW OF MARRIAGE ACT

(………………..)

SPOUSE CONSENT

(Under section 59)

PLOT NO. 264

BLOCK D

KINONDONI MUNICIPALITY

DAR ES SALAAM CITY

I ……………………. the undersigned here in below being the wife of the

MZEE ZIMAMOTO do herby with free consent allow MZEE ZIMAMOTO who

is MY HUSBAND to make the sale and transfer the piece of land in

to the above reference from the name of the …………………….. on to the

names of MS SIWEMA JABALI

SIGNED and DELIVERED at Dar es Salaam

by the said ……………………………….who is

identified to me by ………………………….

……………………………….

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the latter being known to me personally in

SPOUSE

my present this ……… day of …………….. 2012

BEFORE ME:

………………………………………………………………………..

COMMISIONER FOR OATHS

Questionnaire

My name is MS SIWEMA JABALI, I am interested to purchase the

plot no 264, Block D, Sinza Kinondpni Municipality. I request

MZEE ZIMAMOTO (“The Seller”) to assist me by answering some of my

questionnaire as I will direct to you.

i. What is your name and address

ii. Are you the sole owner of the property to be demised? Or

you are an agent or administrator?

iii. under whose name is the Title Deed?

It is important to know the owner of the property. It is the

owner who can pass the title in the property to another

person. The aim is to avoid future uncertainty in the event

some one appears and claim to be the owner of the property

i. What are the sizes of the plot intended to be sold?

ii. Do you have a certificate of Title?

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iii. How much do you intend to sale the property (Purchase

Price)?

iv. What are the boundaries? Is there any dispute concerned

about the boundaries

v. Is the dispute yet determined? What was the agreement?

vi. Is there any agreement of sharing of some facilities? What

are the terms of the agreement to such sharing of facility

(ies)?

vii. Is there any notice regarding to the property? What are the

notices? and What are their effects? Knowledge of notices

and their effects might influence the decision to buy the

property. For example there is a notice from the city

council. That part of the fence should be demolished to

allow the construction of a road. Vendee might find it

fatal and so changes his mind to buy the property.

viii. What is your marital status? Is property to be demised a

matrimonial property?

ix. is there consent by the other spouse to sell the property?

Failure to discover that there is consent of the spouse is

fatal. If say a wife of a vendor proves that there was no

her consent to sell the property, then the whole process is

useless.

x. Is the property under Probate or Administration of Estate?

If so, have all the beneficiaries consented? If so, where

is the consent deed?

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There are cases whereby the executor or administrator of

the diseased person assumes ownership of the property and

decides to sell as if it belongs to him. Under such a

circumstance, it is important that the buyer is aware so to

avoid such a transfer.

xi. Under what terms is the Granted Right of Occupancy? How

many years left before the said right of occupancy comes to

an end?

The purchaser should know for how long he will remain with

the property before its terms expires.

Questionnaire For on Site Inspection

1. The buyer will want to know the boundaries of the plot in

question.

2. Who are the neighbors surround the plot?

(If neighbors are found interview them by asking them all

questions as you raised to the Seller. )

3. Identify the roads which are near and around the plot?

4. What kinds of defect the plot have either latent or patent

defect?

5. Do you have a map sketch of the street/ward of the plot? If

yes ask to it and see clearly on map

6. Is the plot residential, reserved areas or industrial areas?

7. Ask if you can walk through the back of the house. Look at

the loading dock and the kitchen also to the other rooms.

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Their appearance could give you insight into how the

facility as a whole operates.

LOCK-OUT AGREEMENT

THIS LOCK-OUT AGREEMENT is entered this …………..day of…………….2012

Between

MZEE ZIMAMOTO of P.O Box…….Dar es Salaam (hereinafter referred toas “The Seller”)

And

MS SIWEMA JABALI of P.O Box……………….Dar es Salaam (hereinafter referred to as “The Buyer)

WHEREAS the Vendor herby agrees to dispose the property to thepurchaser by entering into this agreement and parties agree to bebound.

WHEREAS parties wish to enter into this agreement of thedisposition of the property located at Plot No. 264, Block No. D,Kinondoni Municipality, Dar es Salaam, and the Vendor is thelawful owner of the property .

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AND WHEREAS the purchaser is aware of the Fact that the OriginalTitle Deed has been deposited to WAKULIMA BANK LTD to secure theamount of Tanzania Shillings 50,000,000/=, the amount borrowed bythe Buyer and the discharge of the property before transfer willbe as parties agreed in this contract as hereunder;

TERMS AND CONDITIONS .

1. That this agreement shall commence on the period of signing

of this agreement to the time the transfer deed and the sale

agreement is signed by both parties.

2. That the purchaser has deposited Tanzania Shillings

50,000,000/= to WAKULIMA Bank Ltd escrow account that shall

hold the same as an escrow agent until the transfer is

completed.

3. The Seller will not make any sale arrangement with another

person rather than a Buyer on respect of the plot BLOCK 264,

PLOT NO. D,

4. The buyer will make such enquiries as it consider necessary

for the purposes of the intended transfer

5. The Buyer will investigate the house on preliminary stages

of purchasing a house after satisfaction on quality she

wish, parties may enter in sale contract to sale the house.

6. That the buyer will conduct an official search at Land

registry and conduct a valuation report to update the

current market value pending the execution of sale

agreement.

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7. The buyer shall arrange for any survey, valuation,

environmental, investigation and other reports which she

requires.

8. The satisfaction of the Purchaser will be measure to be good

if the house is out of free of all encumbrances except those

to which the interest will remain subject as specified in

the instrument or as is provided for by the law;

9. If the buyer discover that the house does not meet her

quality as she wish, then the Buyer will not proceed to

enter in sale contract.

10. That the seller should disclose all latent defects to

the buyer before concluding the sale agreement.

11. The parties further agreed that the contract is in good

faith and if either party wants to terminate the agreement

shall notify the other party and reasons for termination

thereof.

12. The parties tie their hands to amicably dispute

resolution or mediation dispute resolution in case there is

any dispute between Seller and Buyer.

13. This agreement is governed by the laws of the United

Republic of Tanzania.

IN WITNESS WHEREOF the parties hereto have duly executed this

Lock-out Agreement on the date and year first hereinafter written

in the following manner.

SIGNED and DELIVERED by the said

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MZEE ZIMAMOTO

____________

In my presence this ___day of October 2012

Seller

BEFORE ME

……………………………

COMMISSIONER FOROATHS


MS SIWEMA JABALI

__________

In my presence this___ day of October 2012.

Purchaser

BEFORE ME

L F NO. 38


THE LAND ACT

(CAP. 113)

CONTRACT OF SALE

(Under Section 64)

SALE AGREEMENT

THIS AGREEMENT is made the …… day of …………………………………………….2012.

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BETWEEN

MZEE ZIMAMOTO of P.O. Box …………………………Dar es Salaam (hereinafter

called “the Seller”) of the one part

AND

MS SIWEMA JABALI, of P.O. Box …………. Dar es Salaam (hereinafter

called “the Purchaser”) of the other part.

WHEREAS the Seller is the registered owner of the property

located at Plot No. 264, Block D, Kinondoni Municipality, Dar es

Salaam and the plot has on it two separate houses registered 66

years from 1970 (hereinafter referred to as “The Property”).

WHEREAS the Vendor is desirous of selling and the Purchaser is

desirous of buying the property (HOUSE) at a consideration of

Tanzania Shillings One Hundred and Twenty Million Only (Tshs.

120,000,000/-) hereinafter referred to as “the Purchase Price”.

NOW THEREFORE THIS AGREEMENT WITNESSETH as follows:

1. The Vendor will sell and the Purchaser shall buy the said

property (HOUSE) subject to the covenants herein contained

and subject to the terms and conditions under which the said

property was held by the Vendor prior to this Agreement.

2. That the purchase price of the property shall be Tanzania

shillings One Hundred and Twenty Million Only (TZS

120,000,000) which shall be paid into two installments.

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3. The first installment shall be Tanzania Shillings Fifty

Million Only to be paid directly to Wakulima Bank Ltd being

the outstanding debt owed to the Seller. The second

installment shall be paid by the seller soon after the

completion of the transfer process.

4. That the Seller and Buyer shall make necessary arrangement

on how they should pay the remaining outstanding debt

fromWakulima Bank Ltd and after that to make an application

for the discharge of the Title by the consent of the

Mortgagee.

5. That after discharging the property the seller shall make an

application for the subdivision of the property ( UNIT OF

TITLE) taking into account that the plot to be sold has two

houses. All incidental costs for this application shall be

incurred by the seller and if agreed to be paid by the buyer

then the seller will be at liberty to make set off when paid

the remaining purchase price to the seller.

6. That seller shall make set off of all the money she gave the

seller during her tenancy period.

7. The parties hereto agree that they shall simultaneously

with the execution of this Agreement execute a Deed of

Transfer for the conveyance of the property by the Seller to

the Purchaser and shall use their best endeavours to seek

and obtain or cause to be sought and obtained consent from

the Director for Land Development Services or other officer

duly authorized in that behalf to this disposition.

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8. This Agreement and the Deed of Transfer to be executed by

the parties simultaneously herewith are subject o the

consent of the Commissioner for Lands being accorded to this

disposition. If such consent shall be refused, this

Agreement shall become null and void and the Vendor shall

forthwith refund any monies (including any fees or expenses)

that shall have been disbursed hereunder.

9. Until the date of completion and delivery of vacant and

peaceful possession of the property to the Purchaser, the

Vendor shall pay all rates, taxes, assessment and other

outgoings whether parliamentary municipal or otherwise

imposed or charged upon the said property.

10. The Vendor hereby covenants with the Purchaser to pay

satisfy and discharge all outgoings and liabilities in

respect of the property until vacant possession thereof

shall have passed to the Purchaser and further undertakes to

indemnify the Purchaser against all notices proceedings

claims and demands arising out of and in connection with or

incidental to the breach by the Vendor of the warranties

undertakings and covenants herein contained.

11. The Purchaser reserves the right of making such

requisitions and objections as may arise on the examination

of documents pertaining to this Agreement or as may be

revealed by the usual searches and inquiries.

12. The Purchaser shall bear and pay the cost of stamp duty

consent frees registration fees, and other disbursements

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reasonably arising out of and/or incidental to the

preparation and completion of this Agreement and the Deed of

Transfer that shall become payable by virtue of this

transaction and includes without prejudice to the generality

hereof the Advocates fees and expenses.

13. In case of breach of any of the terms and/or conditions

of this Agreement the party aggrieved shall be at liberty to

institute a civil action in a court of competent

jurisdiction for legal redress.

14. This Agreement shall be governed by the Laws of

Tanzania.

IN WITNESS WHEREOF the parties hereto have duly executed thesepresents in the manner and on the day and year hereinafterappearing.


MZEE ZIMAMOTO who is known to me

in my presence this …........... day ....……., 2012

BEFORE ME:

______________________________

COMMISSIONER FOR OATHS AND NOTARY PUBLIC

30


MS SIWEMA JABALI who is known to me

in my presence this …........... day ....……., 2012

BEFORE ME:

______________________________

COMMISSIONER FOR OATHS AND NOTARY PUBLIC

31

Land Form No. 35

THE LAND REGISTRATION ACT

CAP 334

TRANSFER OF RIGHT OF OCCUPANCY

(Under Section 62)

PLOT NO. 264BLOCK ‘D’


DAR ES SALAAM CITY

In consideration of the sum of Tanzania Shillings ONE HUNDRED AND

TWENTY MILLION Only (Tshs. 120,000,000/-) I, MZEE ZIMAMOTO of

P.O. Box .......... Dar es Salaam, Tanzania do HEREBY TRANSFER to

MS SIWEMA JABALI of P.O. Box ............. Dar es Salaam the

right of occupancy registered under the above reference.


MZEE ZIMAMOTO _______________

32

who is identified to meby................. ......................TRANSFEROR

in my presence this …. Day of …………., 2012

Witness: _______________________________Signature: _______________________________Qualification: _______________________________Postal Address:_______________________________

SIGNED and DELIVERED by the saidMS SIWEMA JABALI is known to me personally______________in my presence this …. day of …………., 2012TRANSFEREEWitness: __________________________________Signature: __________________________________Qualification: __________________________________Postal Address:__________________________________

Land Form No 29

THE UNITED REPUBLIC OF TANZANIA

THE LAND ACT 1999

(No. 4 OF 1999)

NOTIFICATION OF A DISPOSITION

(Under Section 36)


33


DAR ES SALAAM CITY

I, MZEE ZIMAMOTO of P.O. Box 31293 Dar es Salaam, Tanzania, doHEREBY NOTIFY you of the disposition which is intended to be madein favour of MS SIWEMA JABALI of P.O. Box .................Dar esSalaam in respect of a right of occupancy registered under theabove reference.

I HEREBY present the following particulars:-

1. Nature of Disposition: SALE

2. The following documents are enclosed:

i. Sales Agreementii. Valuation Reportiii. Current Land Rentiv. Letter of Offer of Right of Occupancy v. Consent Fee receiptvi. Original Deed of Transfer (in Duplicate)

Dated this…………..day of ……………………………., 2012

…………………. APPLICANT

TO: COMMISSIONER OF LANDS/AUTHORISED OFFICER

DATE:

Land Form No. 30THE UNITED REPUBLIC OF TANZANIA

THE LAND ACT 1999

(No. 4 OF 1999)

34

APPLICATION FOR APPROVAL OF DISPOSION(Under Section 39)



DAR ES SALAAM CITY.I, MZEE ZIMAMOTO of P.O. Box ……………….. Dar es Salaam, Tanzania,(hereinafter referred to as the “Applicant” HEREBY APPLY FORAPPROVAL of the disposition of Right of Occupancy registeredunder the above reference.

I HEREBY present the following particulars:-

Nature of Disposition: SALES/TRANSFERParticulars of Transferees: MS SIWEMA JABALI of P.O. Box ………. Dares Salaam The following documents are enclosed:

i. Sales Agreementii. Valuation Reportiii. Current Land Rentiv. Letter of Offer of Right of Occupancy v. Consent Fee receiptvi. Original Deed of Transfer (in Duplicate)

Dated this…………..day of ……………………………., 2012……………………………….

APPLICANTFee: ………………………………For Official Use Only(a) Approved /Refused(b) Remarks:

…………………………………………………….……………………………….COMMISSIONER FOR LANDS/AUTHORISED OFFICER

Date:…………………….Served upon me/us

………………………………..

35

Signature of ApplicantDate:……………………………..………………..

Fees: ………………

36

Conveyance assignment Copy

Documents