THE LAND ACT NO.

4 OF 1999

SALE AGREEMENT

BETWEEN

……………………………………………

AND

…………………………………………………………

CONCERNING THE SALE AND TRANSFER OF A RESIDENTIAL HOUSE

SITUATED ON A PARCEL OF LAND BEING PLOT NUMBER ………, BLOCK
“…..”, COMPRISED UNDER CERTIFICATE OF TITLE NO…………...
LOCATED AT ……………………………………………
 SALE AGREEMENT

This SALE AGREEMENT is made this ………. day of ………………………. 20--

BETWEEN

……………………………………………. an adult natural person of Postal Office

Box Number ………………….., ………………… Region, Tanzania, (hereinafter called
the “Vendor” which expression shall include and extend to persons deriving
title under the Vendor, her successors and assigns) of the one part;

AND

_____________________________, a Limited liability Company

incorporated in Tanzania, of Postal Office Box Number ____________,
……………………. Region, Tanzania (hereinafter called the “Vendor” which
expression shall include and extend to persons deriving title under the
Vendor, its successors and assigns) of the other part;

PREAMBLE

WHEREAS:

A. The Vendor is the owner of the residential house situated on a parcel

of land being Plot No. …………., Block “…….” comprised under
Certificate of Title No.……………….
No.………………. together with all the
improvements therein (herein after referred as “the Property”).
Vendor’s Initials ……., ………. 1
Purchaser’s Initials ……., ……..
B. The Vendor has considered and agreed to sell and transfer the said
Property to the Purchaser and the Purchaser has agreed to purchase
the said Property on terms and conditions as hereinafter appearing.

NOW THIS SALE AGREEMENT WITNESSETH AS FOLLOWS:

ARTICLE 1

1.0 DEFINITIONS

1.1 In this Sale Agreement unless the context otherwise provides:-

“Agreement” means this Sale Agreement between the Vendor

and the Purchaser leading to the transfer of a
residential house situated on a parcel of land
comprised under Certificate of Title No. ……………

“Parties” mean the signatories to this Agreement;

“Purchase Price” means the amount of Tanzanian Shillings

…………………………………… (T.SHS. -
00,000,000.00) only payable to the Vendor by
the Purchaser as consideration for the purchase of
the Property;

“T.SHS” means Tanzanian Shillings, the currency of the

United Republic of Tanzania;

1.2 References to the singular include, when the context so admits,

references to the plural and vice versa.

Vendor’s Initials ……., ………. 2

Purchaser’s Initials ……., ……..
1.3 Words importing the masculine gender shall include the feminine
gender and vice-versa and words importing persons shall include
companies.

1.4 The headings as used in this Agreement are for convenience of

reference only and shall not affect the construction of any of the terms
and provisions hereof.

ARTICLE 2

2.0 LAND EARMARKED FOR SALE

The Property to be sold to the Purchaser is a residential house situated

on a parcel of land being Plot No.……….. Block “…….” comprised under
Certificate of Title No. ………… together with all the improvements
therein.

ARTICLE 3

3.0 CONSIDERATION AND MODE OF PAYMENT

3.1. In consideration of the Purchaser paying the sum of Tanzanian

Shillings …………….. Hundred Million (TSHS. -00,000,000.00)
only payable to the Vendor as consideration for the purchase of the
Property described hereinabove together with all the improvements
and developments erected and being thereon, free from any
encumbrances.

3.2. Provided always that the Purchase Price shall be paid by the Purchaser
to the Vendor in two (2) installments as follows;

3.2.1 Tanzanian Shillings …………………….. Hundred Million

(TSHS. -00,000,000.00) only shall be paid to the Vendor by
the Purchaser on the signing date of this Agreement.

Vendor’s Initials ……., ………. 3

Purchaser’s Initials ……., ……..
 3.2.2 The monies payable to the Vendor shall be deposited by the
purchaser into the vendor’s Account No.
…………………………….. at …………………………………… Bank,
Arusha Branch and the Vendor shall issue an
acknowledgement receipt upon confirmation that the monies
have been received.

ARTICLE 4

4.0 THE VENDORS’ COVENANTS

4.1 The Vendor hereby covenants to the Purchaser as follows:

4.1.1 That in the event the sale and the eventual transfer
envisaged in this Agreement shall fail for no fault of either
the Vendor or of the Purchaser, parties here-in shall
relapse to the status quo whereas all the monies paid to
the Vendor by the Purchaser in consideration of the sale
shall be refunded to the Purchaser in full by the Vendor.

4.1.2 that the Vendor upon signing of this Agreement and the
transfer documents shall allow Advocate
……………………………………………………… who is acting for the
interest of the purchaser, to seek approval for the
transfer from the Land Commissioner or his duly
authorised officer stationed at the Arusha City Land Office
and lodge all the necessary documents with the Land
Registry Moshi.

1.1.1 That the Vendor shall hand over to her advocate,

…………………………………………………………….., the original
Certificate of Title number …………………….. on the signing
date of this Agreement who will co-operate with Advocate
Vendor’s Initials ……., ………. 4
Purchaser’s Initials ……., ……..
 ………………………………………………….. to effect the transfer and
shall only release the said Title Deed to the Purchaser
once the Vendor has confirmed receipt of the full
purchase price.

4.1.3 That the Vendor shall execute and hand over all the
original relevant transfer documents of the above
mentioned Property to Advocate ……………………………………….
on the signing date of this Agreement.

4.1.4 That the Vendor shall handover the Certificate of Title to

the Purchaser after the final installment which shall be
paid on or before the …… day of ……………….. 20--.
ARTICLE 5

5.0 THE VENDOR WARRANTIES

5.1 The Vendor hereby warrants to the Purchaser as follows:

5.1.1 The Vendor has good marketable title to the Property and
that the Property is not subject to any mortgage, charge,
lien, lease or other encumbrance of any nature
whatsoever.

5.1.2 All restrictions, conditions and covenants including any

imposed by or pursuant to any lease affecting the
Property have been observed and performed and no
notice of any breach of any of the same have been
received or is to the Vendor’s knowledge likely to be
received;

5.1.3 The execution or completion of this Agreement or

performance of its terms will not result in any breach of

Vendor’s Initials ……., ………. 5

Purchaser’s Initials ……., ……..
 any agreement to which the Vendor is a party or of any
Court order;

5.1.4 The Vendor, as to his best knowledge, is not aware of any

encroachment by the Property onto any neighboring
property;

5.1.5 The Vendor is not aware of any intended expropriation of

the property or any portion of it.

5.1.6 That the Vendor shall settle all the outstanding bills,
levies and taxes associated with the Property prior to the
handing over of the Property to the Purchaser.

ARTICLE 6

6.0 THE VENDOR’S AND PURCHASER’S COVENANTS

6.1 The Vendor and the Purchaser hereby expressly agree that the
completion of this Agreement will take place on the happening of the
following events:

6.1.1 Approval is received from the Commissioner of Lands or

his appointee for the transfer of Right of Occupancy
comprised under Certificate of Title No.
………………………….. together with the improvements
thereon from the Vendor to the Purchaser.

6.1.2 Registration of the Purchaser as the registered owner of

the said Right of Occupancy.

6.1.3 Issuance by the Vendor of proof of payment of all taxes

and government levies for the transfer of the Right of
Occupancy to Purchaser’s name i.e. latest land rent
receipt and Capital Gains Tax Clearance Certificate.

Vendor’s Initials ……., ………. 6

Purchaser’s Initials ……., ……..
 6.1.4 This Agreement of Sale constitutes the entire contract
between the parties with regard to the matters dealt with
in this Agreement and no representation; terms or
warranties not contained herein shall be binding on the
parties.

6.1.5 No agreement varying, adding to, deleting from or

canceling this Agreement shall be effective unless
reduced in writing and signed by or on behalf of the
parties.

6.1.6 The Vendor has confirmed receipt of the full purchase

price.

Disbursements:-

6.1.7 It is specifically agreed that the Vendor shall be

responsible for payment of Capital Gains Tax and
preparation of Valuation Report.

6.1.8 The Purchaser shall be responsible for payment of Stamp

Duty, Application and Disposition fee and registration fee.

6.1.9 The Vendor and the Purchaser shall each pay the legal
fees payable to his/her advocate for services proffered in
connection of this transaction.

ARTICLE 7

7 NOTICE

Vendor’s Initials ……., ………. 7

Purchaser’s Initials ……., ……..
7.1 Any notice or demand hereunder may be duly given to either
party by prepaid post letter or hand delivery by despatch and
duly acknowledge.

7.2 For the purpose of notice by one party to the other party in this
Agreement, herein below are the parties addresses;

FOR THE VENDOR:

……………………………………….,
C/o
……………………………..,
Advocate,

FOR THE PURCHASER:

Vendor’s Initials ……., ………. 8

Purchaser’s Initials ……., ……..
ARTICLE 8

8 ARBITRATION

Any dispute arising from or in connection with this Agreement shall be

settled amicably between the Parties, failing which the matter will be
referred to Arbitration as provided for by Arbitration Ordinance or in
any Arbitration mode as agreed by the parties hereto.

ARTICLE 9

9 MISCELLANEOUS PROVISIONS

9.1 Except in the case of express waiver, the fact that one Party
does not exercise all or any part of its rights, which are
conferred upon it by this Agreement, shall not constitute in any
event the waiver, or abandonment of the rights not exercised.

9.2 All matters arising from or in connection to this Sale Agreement

shall be governed and construed in accordance with the Laws
of the United Republic of Tanzania.

9.3 This Agreement shall be in English Language and in three (3)

originals each being authentic.

Vendor’s Initials ……., ………. 9

Purchaser’s Initials ……., ……..
IN WITNESS HEREOF, the Parties hereto have executed this Sale
Agreement on the date and year first herein above written in the following
manner:-

SIGNED and DELIVERED by the said

………………………………………………......................
who is known to me personally/
identified to me by ……………………………in my presence …………………………
this _______ day of _______________ 2014. VENDOR

Before me,

…………………………………………

COMMISSIONER FOR OATHS

Vendor’s Initials ……., ………. 10

Purchaser’s Initials ……., ……..
SEALED with a COMMON SEAL of the said SEAL

_____________________LIMITED and
DELIVERED in our presence this ______ day
of _______________ 2014.
PURCHASER

NAME: __________________________

SIGNATURE: _____________________

QUALIFICATION: _________________

POSTAL ADDRESS: ________________

NAME: __________________________

SIGNATURE: _____________________

QUALIFICATION: _________________

POSTAL ADDRES__________________

Vendor’s Initials ……., ………. 11

Purchaser’s Initials ……., ……..