Tutorial Ques-on – 26 April 2023

(Mass Tutorial Discussion)

Ahmad engaged Ali, a legal firm, to handle the transfer of a piece of agricultural land he was
purchasing. During the transfer process, however, Ali failed to conduct proper due diligence
and did not discover that there were encumbrances on the land. Despite this, the land office
accepted the necessary forms and documenta-on for the transfer process.

AHer the land transfer was completed, Ahmad discovered that there was an exis-ng tenant
agreement with Kamal on the land that had not been registered with the land office. Worst
of all, the leaseholder, Si-, came forward to claim that she was not informed about the sale
of the land and only found out aHer the sale had taken place. Si- alleges that she has a valid
lease agreement with the previous owner of the land, Sammy, which gives her the right to
use and occupy the land for a fixed term ending in 2030. She is now seeking a remedy from
Ali to allow her to con-nue using and occupying the land for the remainder of the fixed term
stated in the lease agreement.

Advise all par-es to explore all possible legal op-ons for resolving the issues.