Land Sale Agreement Zambia

The two plaintiffs were respectively buyers and sellers of the land known as Booth No. 330 located on Eucalyptus Avenue, Avondale, Lusaka (the “Land”). The 2nd applicant is the alienated wife of the respondent and belonged to the respondent with the respondent. The deed of ownership did not indicate that the property was common, in particular that they were common tenants or tenants. The respondent then moved to England, where he was able to pursue a professional activity. During the respondent`s period in England, the second applicant had a financial obligation to a company called Brafuss Limited (“Brafuss”), related to the 1st applicant or owned by the first applicant. The financial commitment culminated in an appeal to the High Court, in brafuss proceedings, on merits No 2011/HP/907, which resulted in the settlement of an order of approval. For the purposes of this approval decision, the second complainant`s indebtedness to Brafuss, in the amount of K450,000, was repaid by the transfer of the property to the first complainant, which was withheld at the sale price of K750,000, the sum of K300,000 paid in cash to the 2nd complainant. The transfer of ownership was then registered in the cadastre of the Ministry of Lands. The respondent succumbed to the applicant by summons. He stated that the transfer of ownership was done without his knowledge and consent as co-owner; that the second respondent claimed, on its behalf, using the power of a false power of 4 September 2009 not signed by it, nor registered in accordance with section 3 of the Certification of Documents Act, Chapter 75 of the Laws of Zambia, or in the Lands and Deeds Registry, within the meaning of the provisions of the Land and Deeds Registry Act, Chapter 185 of the Laws of Zambia. The learned Supreme Court judge analyzed the evidence and agreed to the respondent`s assertion.

It found that the second applicant had committed a fraud against the respondent, since the approval decision on the basis of which the property was transferred to the first applicant had not been signed by the defendant and the respondent had not carried out the assignment and the power by which ownership of the property had been transferred to the first applicant. In addition, the aforementioned power was neither certified nor registered by law, which rendered the document null and void. The first complainant appealed. Once your offer is received and accepted by the owner, both parties sign the sales contract. The contract is then considered exchanged. However, as with any other legal document, consult a lawyer and have the contract checked. It is always important for a professional document to check each legal document to make sure it is solid…

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