LAW AGREEMENT FOR SALE No.6

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AGREEMENT FOR SALE

THIS AGREEMENT is made this ……. ……….day of …………………. 2008

BETWEEN:

1. GHANIA JUMANNE KIMAMBI the administrator of the estate of the late


JOHN RAMADHANI KIMAMBI @ JUMANNE RAMADHANI
KIMAMBI, of Kunduchi /Kilongawima Plot No 490, of P.O.Box
9781 Dar es Salaam (hereinafter called the “Vendor”) of one side
And

2. EASTERN CAPITAL LTD a registered Company under the


Companies Act,Cap 212 R.E.2002 of P. O. Box 95026 Dar es
salaam (hereinafter called the “Purchaser”) on the other side.

WHEREAS:

(A) The Vendor is the administrator of the estate of the late JOHN RAMADHANI
KIMAMBI @ JUMANNE RAMADHANI KIMAMBI who is the lawful
owner of all that properties comprised on Plot No 6 LD Block
Burega Pond Beach Kigoma Ujiji together with the buildings
fixtures and improvements erected and maintained thereon (which
shall hereinafter be referred to as the “Properties”).

(B) The Vendor is desirous of selling the Property so held at the price
and on the terms set out below and the Purchaser is desirous of
purchasing the same on the terms stipulated herein.

IT IS HEREBY AGREED AND DECLARED as follows:

1. Upon and subject to the terms and conditions of this Agreement,


the Vendor hereby sell to the Purchaser and the Purchaser
purchases and acquires the Property for the price set out below.

2. The interest sold is the offer of a Right of Occupancy of the


Property of the Vendor.

3. The purchase price for the Property is a total sum of Tanzanian


Shillings Two Millions only (T.sh 2,000,000/=) which sum is be
paid upon signing these presents
4. The Property is sold free from all mortgages, charges and other
security interests, restrictions, cautions, inhibitions, equities,
easements, quasi-easements, rights of light and way, tenancies,
overriding interests and all other encumbrances whatsoever.
5. Any land rent, property tax, rates, registration fees, consent fees
and similar outgoings payable in respect of the Property prior to
the execution of this Agreement shall be paid by the Vendor.

6. All stamp duty payable, the Valuation fees and Capital Gains Tax
payable on the transfer of the Property shall be to the account of
the Vendor

7. The Transfer fees for transferring the property from the Vendor to
the Purchaser shall be for the account of the Purchaser.

8. The Property is sold with vacant possession.

9. The Vendor shall deliver to the Purchaser all documents in respect


of the Property upon signing these present.
10. The Vendor hereby irrevocably and unconditionally warrant and
confirm that:

(i) There is no dispute in respect of the Property, access to the


Property or its boundaries with the owners of any adjoining
property;

(ii) The Property is not used for any public purposes and have
not been set aside for any public purposes or to provide any
public utility;

(iii) The Vendor is the legal owner of the Property;

(iv) That there is no ground or circumstance by virtue of which


the sale of the Property by the Vendor to the Purchaser can
be revoked or cancelled; and

(v) No person has raised any claim or disputed the validity of


the grant of the Properties to the Vendor and/or the right of
any person to occupy and develop the Property.

14. The Vendor hereby unconditionally and irrevocably confirms and


warrants that all the terms and conditions affecting the Property
have been complied with and that neither the Vendor nor any
other person has breached any of the said terms and conditions
affecting the Property and the Vendor hereby further irrevocably
and unconditionally warrants and confirms that she will continue
to comply with all the said terms and conditions affecting the
Property until the Completion transfer of the said Property as
hereby witnessed and that no person other than the Vendor has
any right or title to the Property and the Property has not been and
will not be allocated to any other person.

15. Without prejudice to any of the Purchaser’s other rights under this
Agreement, if it comes to the knowledge of the Purchaser prior to
the completion of transferring of the Property to the purchaser that
any fact is inconsistent with the warranty given as herein above
witnessed or which may cause the said warranties to be untrue,
misleading or breached, the Purchaser shall be entitled to rescind
this Agreement and upon rescission the Vendor hereby undertakes
to forthwith refund to the Purchaser all monies paid to together
with interest at the bank rate of the time.
16. This Agreement shall be construed in accordance with the Laws of
the United Republic of Tanzania.
IN WITNESS WHEREOF this Agreement has been duly executed by the
parties hereto as of the day and year first hereinbefore written.

SIGNED AND DELIVERED at Dar es Salaam


by the said GHANIA JUMANNE KIMAMBI who has been
introduced to me by ENOCK MAGANGA ……………………………
this …………….…day of ………..………. 2008 GHANIA JUMANNE KIMAMBI

Name: ……………………………
Signature: ……………………….
Address: …………………………
Qualification: ……………………
SEALED BY THE COMMON SEAL OF THE
PURCHARSER AND SIGNED and
SIGNED and DELIVERED at Dar es salaam)
by the said ) ……………………………
ENOCK MAGANGA,THE DIRECTOR ) ENOCK MAGANGA
OF THE EASTERN CAPITAL ) for EASTERN CAPITAL LTD
LTD DULY AUTHORIZED who is
known to me personally )
in my presence this………… )
day of ……………….2008 )
Full Name: ………………………………
Signature: ………………………………
Address: ………………………………
Qualification ………………………

DRAWN BY:
THE PARTIES
DAR ES SALAAM

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