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Wazuans pliz advice! Am traumatised, am loosing it!
mpobiz
#21 Posted : Thursday, February 17, 2011 9:52:01 PM
Rank: Elder

Joined: 8/10/2010
Posts: 2,264
Elder wrote:
mpobiz wrote:
keraka wrote:
@ Bwenyenye
My problem is the seller wants to renegde on their side of the contract so that it collapses all together and i feel this will be financially injurious to me considering the time wasted waiting and current property prices in the same locality.


land matters are very sensitive matters. most rights are reserved by the seller.
provided the seller can refund your money there is nothing you can do.
there is no court in kenya that can force someone to transfer ownership of a property if he/she(the seller) can refund the money.



With respect mpobiz you are talking utter crap. Ati no court in Kenya can force someone to transfer his/her property if he/she can refund the money!? I find it hard to believe that land issues are just too 'sensitive' for you grasp so I wonder.... are you Keraka's defaulting vendor?

There are some instances where statutorily you cannot enforce specific performance in respect of sale of land, like if it is an agricultural land and no requisite consent for its sale and transfer has been obtained from the board or it is not evidenced in writing. It is otherwise like any other contract and the purchaser is entitled to a remedy for specific performance.

To make a sweeping statement that no court in Kenya can order a transfer of land if the owner is ready to refund the money paid for it is a falsity.




you have just confirmed my sentiments.

a consent can be overruled if the property has not yet been transfered.
the only quick remedy here is to accept a refund.
@keraka ..many good deals will come your way. this is not the end.don't waste your self with this crooks. this is a lesson that next time you do a land transaction make sure the conveyancing is done with speed to acquire your documents.
Politics is just things to keep the people divided and foolish and put your trust in men and none of them can do nothing for you...
Elder
#22 Posted : Friday, February 18, 2011 10:27:12 AM
Rank: Elder

Joined: 9/7/2010
Posts: 2,148
Location: elderville
mukiha wrote:
This is strange:
FIRST - the sale contract has no exit clause. That's a major flaw. I believe it can be contested by either party as null and void. Usually, sale contracts provide for a 10% (of the contract sum) penalty for inability to conclude the deal.


That is a misconception. The absence or an exit clause does not make a contract null or void. There is usually the penalty clause just to make it clear what penalty shall befall any breaching party otherwise if there is any breach parties still have recourse to specific performance or damages like in this case.

@mpobiz that consent I refer to is only in respect of agricultural land. The one issued by the Land Board or something like that. I don't think it would be relevant to keraka's situation. And out of interest how and why would such a consent be overruled anyways?

On moving on I believe you guys have a point, most times people go to court only the lawyers are always assured of making money.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
bwenyenye
#23 Posted : Friday, February 18, 2011 1:21:51 PM
Rank: Elder

Joined: 5/24/2007
Posts: 1,805
keraka wrote:
@ Bwenyenye
My problem is the seller wants to renegde on their side of the contract so that it collapses all together and i feel this will be financially injurious to me considering the time wasted waiting and current property prices in the same locality.


dude,

get rid of the scarcity mentality and grow on. here are many better opportunities out there. In future, always get into win win contracts. never think you are the smartest of them all. I hope you have learnt that
I Think Therefore I Am
Elder
#24 Posted : Friday, February 18, 2011 1:45:19 PM
Rank: Elder

Joined: 9/7/2010
Posts: 2,148
Location: elderville
bwenyenye wrote:
keraka wrote:
@ Bwenyenye
My problem is the seller wants to renegde on their side of the contract so that it collapses all together and i feel this will be financially injurious to me considering the time wasted waiting and current property prices in the same locality.


dude,

get rid of the scarcity mentality and grow on. here are many better opportunities out there. In future, always get into win win contracts. never think you are the smartest of them all. I hope you have learnt that


You are being too hard on @keraka. I don't think you can blame him the way things turned out and he is still right now weighing his options.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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