Verbal/Oral contracts can be proved by extraneous evidence e.g., conduct, exchange of invoices and receipts, bank transfers, WhatsApp communication, email correspondence etc.

Include: Damages, Rescission, Specific Performance, Restitution.

This is a limited remedy granted by courts where damages alone would not be adequate compensation for a breach of contract; and the court therefore orders that the contract be performed by the party in breach.

A plaint sets out the facts of the breach to be litigated upon in court and the remedies sought; and it is filed alongside witness statements and accompanying annexures.

1. Kenya Industrial Estates Ltd v Lee Enterprises Ltd NRB CA Civil Appeal No. 54 of 2004 [2009]eKLR on general damages
2. Bid Insurance Brokers Limited v British United Provident Fund [2016] eKLR on oral contracts.

1. Thereafter the Seller and his Advocate will draft the Agreement for Sale setting out the terms of the sale and one should play close attention to details such as whether the land is freehold or leasehold; whether it is agricultural land or not; the reversionary interest in the land etc.
2. Pay particular attention to your duties as a shareholder of the management company that will be taking care of the entire housing development or estate. Pay close attention to the duration remaining on the leasehold (most land in the cities is held on a long-term leasehold basis  as opposed to freehold).
3.  

1. This depends on the Agreement of Sale and ordinarily amounts to 10% of the purchase price.

• The Buyer then pays stamp duty on the land assessed on the value of municipal land at a rate of 4% and the value of rural land at a rate of 2%.
• Thereafter the application is lodged at the Lands Registry for registration of the transfer against the title.
• The transaction is completed and the Buyer receives a certificate of leasehold (rarely a certificate of freehold if buying in the city).

• We have specialist expertise on how to navigate distressed debt; inter-lender agreements among others.

  We handle litigation in debt recovery suits at all levels of the Kenyan Courts. We represent both Plaintiffs and Defendants in debt recovery law suits.

  We also advise and implement innovative solutions in the area of insolvency of companies whereby insolvent companies can use insolvency laws to gain breathing room from creditors and viable ways to restructure and administer the insolvent company back to health. The insolvency process has useful mechanisms that debtor companies can use to gain some relief from a distressed loan book and we show our clients how.