- Two months ago, you were recruited as a conveyancing advocate in the firm of LBA Associates. So far you have not handled any single client. This morning to your consternation Mr. Libanga called you to his office and informed you that due to other engagements he wanted to send you, alone, to take instructions from a client of the firm, Choppy Industries to take instructions from Mr. Choppy Senior on a piece of land the Company, Choppy Industries, wanted to purchase and transfer his Industry from rented premises. While there, you will be required to visit the site with Mr. Choppy Senior and the Company’s other managers.
- Libanga has asked you to prepare a small Memo for his perusal before you leave for the meeting. The Memo is to satisfy him with the information you will call for from Mr. Choppy Senior. (3 marks)
- While at the site you notice that the property is next to Embakasi Primary School and adjacent to the Railway line. The buildings around seem to all squat and are used as warehouses. And there seems to have been too many planes flying overhead and a bit low as to make conversation difficult. Mr. Libanga askes your opinion as to the amounts and clearances you may require in the transaction. (10 marks)
- Three days later the firm of MMX Associates acting for the seller send you a draft Agreement for sale and a copy of the title, Land Reference No.209/862 (LR.8444). From your perusal of the title, you note that the user of the property is residential and it is a leasehold from the Government of the Republic of Kenya for 99 years from 1920.
What advice would you give to Mr. Choppy Senior as to his intended acquisition? (2 marks)ATP 107 Conveyancing r 2015-1