DATED 7TH MARCH 2025

LAND SALE AGREEMENT

BETWEEN
JANE AKOLONG EKITELA
(“The
Buyer”)
AND
PETER LOPELEM
(“The Seller”)

IN RESPECT OF THE SALE OF THE EASTERN SECTION OF THE PROPERTY

LOCATED AT MOUNT KENYA UMOJA VILLAGE KANAMKEMER IN LODWAR
NUMBERED LDW/KANAMKEMER/BLOCK3/604 MEASURING 28 METERS (X) 17
METERS (X) 30 METERS (X)17 METERS OR THEREABOUT EXISTING WITHIN THE
FOLLOWING COORDINATES PI(790257, 339462) P2(790266, 339432) P3(790249,
339430) P4(790242, 339458)

DRAWN BY
SM& M Advocates LLP
Sunny Park Plaza, 1st Floor Room
26Dagoretti District, Riruta
P.O. Box 22287-00100
G.P.O Nairobi

LODWAR OFFICE
1st Floor, Shell Petrol Station
Kanamkemer
 SALE AGREEMENT
THIS AGREEMENT is made on this 7th day of March, in the year Two Thousand and Twenty-Five
BETWEEN;
1. PETER LOPELEM EKAI of National Identification Card Number 27994482, a resident of Lodwar
within the Republic of Kenya (hereinafter called “the Seller” which expression shall, where the
context so permits, include his Personal Representatives, and Assigns) of the one part;
AND
2. JANE AKOLONG EKITELA of National Identification 20671291, a resident of Lodwar (hereinafter
referred to as "the Buyer” which expression shall where the context so admits, include his
Successors in Title and Assigns) of the other part.
W H E R E A S:-
(a) PETER LOPELEM EKAI is the owner a property located at Mount Kenya Village in Lodwar
numbered LDW/KANAMKEMER/BLOCK3/604
(b) The Seller intends to sell the eastern portion of this property measuring 28 meters (x)
17 meters (x) 30 meters (x)17 meters or thereabout and existing within the following
coordinates PI (790257, 339462) P2(790266, 339432) P3(790249, 339430) P4(790242,
339458) together with all improvements thereon, subject to the easements, conditions,
restrictions and other matters subject to which the Seller holds h is proprietary interests but
otherwise free from all encumbrances (hereinafter called the “Property”).
(c) AND the buyer is an innocent purchaser of value
3. DEFINITIONS AND INTERPRETATION
3.1. Unless the contrary intention appears, the following definitions apply:
(a) “Completion date” means the date referred to in clause 5.1 of this Agreement at which
time completion shall take place;
(b) “Property” means the property more particularly described at paragraph 2 (b) above
3.2. Where the context so admits, the expression “the Seller” shall include Personal
Representatives and Assigns and the expression “the Buyer” shall include Personal
Representatives and Assigns; Words importing one gender shall be construed as importing
any other gender; Words importing the singular shall be construed as importing the plural
and vice versa;
3.3. Where any party comprises more than one person, the obligations and liabilities of that
party under this Agreement shall be joint and several the obligations and liabilities of those
persons;
3.4. The Clause headings do not form part of this Agreement and shall not be taken into
account in its construction or interpretation.
4. AGREEMENT FOR SALE
4.1. Whereas the Seller is the owner of the Property and;
4.2. The Seller is desirous of selling the Property as well as the rights and interests thereon upon
the conditions appearing herein.

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 4.3. The Seller hereby agrees to and so sells the Property in consideration of the purchase price of
kshs 355, 000 (Three Hundred and Fifty-Five Thousand Shillings only).
4.4. The Seller hereby confirms receipt of the entire purchase price
4.5. The property is sold on as is basis.
5. COMPLETION
5.1. Parties agree that the Completion Date shall be the 7th Date of March 2025
5.2. The Seller undertakes to and hereby releases copies of h is Identification Card as well as all
prior ownership and registration instruments referencing the land, including but not limited
to previous sale Agreements, geo-referencing maps and survey documents to the Buyer
for the purposes of facilitating the registration process
6. POSSESSION
The Buyer shall acquire ownership and possession of the property on the completion date. Vacant
possession of the property shall be obtained by the Buyer through her own personal and
independent means.
7. MATTERS AFFECTING THE PROPERTY
The Property is sold subject to:
7.1. All subsisting easements, quasi–easement, rights of way and overriding interests (if any);
7.2. The acts, reservations, stipulations, conditions and other matters contained or implied in
the title but otherwise free from all encumbrances.
8. DISCLAIMER
8.1. In so far as is physically ascertainable, the Buyer admits that she has inspected the Property
and receives it with full knowledge of its actual state and condition and shall take the
property as it “stands.”
8.2. The Seller admits that he has understood the terms and conditions and as such, enters into this
Agreement solely on his own volition and on the basis of the terms of this Agreement and not
in reliance of any representation either written and/or implied made by or on behalf of the
buyer of anything whatsoever subject to the Agreement; and
8.3. This Agreement contains the entire Agreement between the parties and supersedes and
extinguishes any prior Agreements, undertakings, representations and warranties and
arrangements of any nature whatsoever whether or not in writing relating to sale and purchase
of the property.
9. OUTGOING OF THE PROPERTY
All outgoings of the property shall be apportioned as at the Completion Date.

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10. LAW SOCIETY CONDITIONS
The Law Society Conditions of Sale (2015) Edition) shall apply to this Agreement in so far as they are
not inconsistent with the terms of this Agreement.
11. NON-MERGER
The provisions of this Agreement shall not merge on Completion so far as they remain to be observed
or performed.
12. COSTS
Both the Buyer and Seller shall bear their own (Advocates fees) costs in respect of this Agreement, the
buyer shall bear the cost of the stamp duty, registration fees and all disbursements payable on
registration.
13. NOTICES
Any notice required by the Agreement to be given by either party to the other shall be in writing
and may be personally delivered or shall be served by sending the same by registered post or
recorded delivery to the address of the addressee as set out in this Agreement and any receipt
issued by the postal authorities shall be conclusive evidence of the fact and date of posting of any
such notice. Any notice sent by registered post shall be deemed to have been received four (4)
days from the date of posting.
14. DISPUTE RESOLUTION
All claims and disputes whatsoever arising under this Agreement shall be referred to a court of
competent jurisdiction at the instance of the aggrieved party upon sufficient notice being issued upon
the offending party. The parties agree that the decision of this court shall be final.
15. RIGHTS AND REMEDIES CUMULATIVE
The rights and remedies of the Buyer provided in this Agreement are cumulative and not exclusive
of any rights or remedies provided by Law.
16. MISCELLANEOUS
16.1. No failure or delay to exercise any power, right or remedy shall operate as a waiver of
that right, power or remedy and no single or partial exercise of any right, power or
remedy shall preclude its further exercise or the exercise of any other right, power or
remedy.
16.2. If any term or condition of this Agreement shall to any extent be invalid or unenforceable,
the remainder of this Agreement shall not be affected and each other term and condition
shall be valid and enforceable to the fullest extent permitted by Law.
17. The Seller warrants, undertakes and represents to the Buyer that: -
i) The property is not a buffer zone, road reserve or public land and its ownership thereof is
not subject to any challenge whatsoever from the Government of Kenya, the County
Government, any local authority or any third party whatsoever.
ii) There is no law or decree or similar enactment binding on him so far as he is aware, which
would conflict with or prevent him from entering into or performing and observing the
terms of this Agreement;
iii) There is no adverse claim on the property, dispute regarding ownership, boundary, easement,
rights of way or any other such matters;

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 iv) He has obtained all the necessary consents enabling this sale
v) The Seller has not given any right of way, easement or any overriding interests and has no
intention of so doing;
vi) The Seller has to the best of his knowledge, disclosed to the Buyer all material information
relating to the property;
vii) The Seller has not received any notice from the National Government, County Government
or Municipal Authority or from owners of adjoining properties which remain to be
complied with and has disclosed all such notices received to the Buyer;
viii) The Seller will immediately disclose in writing to the Buyer any event or circumstance
which may arise or become known to him after the date of this Agreement and prior to the
registration of title which is inconsistent with any of the warranties of which had it occurred
on or before the date of this Agreement would have constituted a breach of the warranties
or which is material to be known by a Buyer for value of the property.
ix) The Seller undertakes that if this transaction and consequent registration of the interest is
not completed due to default on his part or a material non-disclosure, concealment of
information or misrepresentation by the Seller, the Seller shall, upon expiry of twenty one
(21) days’ notice from the Buyer, refund to the Buyer, the total value of the land with interest
calculated at 10% (Ten Percent) Per Annum and the Seller shall also reimburse the Buyer all
the costs incurred by the Buyer in this matter and this transactionwill stand rescinded upon
the Buyer receiving the said amounts.
x) Upon service of notice under Clause VIII above, the seller hereby acknowledges the
Buyer’s absolute right to recover his losses arising from the seller’s failure to perform her
obligations under this contract and undertakes to cooperate with the buyer towards such
end
IN WITNESS WHEREOF this sale Agreement was duly executed by the parties hereto this day and the
yearfirst hereinbefore, the Seller and the Buyer have set their hands to.

SIGNED by the SELLER

PETER LOPELEM EKAI } …………………………………..
ID Number: 27994482
As Witnessed By

PAULINE ATABO
ID Number 32531374

I certify that I was present and saw Peter Lopelem Ekai of National Identification Card Number
27994482 duly sign/execute this Sale Agreement

……………………………….
ADVOCATE

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SIGNED by the BUYER
JANE AKOLONG EKITELA
ID Number: 20671291 } ……………………………………….

In the presence of:

MOSES KALOTUM } …………………………………

ID Number 23335734

I certify that I was present and saw JANE AKOLONG EKITELA of National Identification Card Number
20671291 duly sign/execute this Sale Agreement

……………………………….
ADVOCATE

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