REAL ESTATE

PROCEDURES: PREPARED BY R.W.

THE PROCESS OF TENGA

SALE AND (FOR TANGANYIKA

LAW SOCIETY’S
PURCHASE OF CLE IN ARUSHA –
LAND  Nov. 30 2020)

IN TANZANIA. 
ToC The Process of Sale and
TABLE OF CONTENTS
Purchase of LAND IN
TANZANIA

3.0 INTRODUCTION
3.1 NATURE OF TITLE TO LAND 
3.2 PRE-CONTRACT INVESTIGATION
OF TITLE 
3.3 VENDOR’S DUTY OF DISCLOSURE 
3.4 SALE OF UNIT TITLE PROPERTIES 
3.5 REGAINING POSSESSION BY THE
VENDOR 
3.6 CONCLUSION 

The Process of Sale and Purchase of Land 

in Tanzania. - Dr. Ringo Tenga (TLS - 2
Remedial CLE - DSM, JAN. 2021)
INTRODUCTION 1. INTRODUCTION
Dealing with the sale and purchase of interests
in land in Mainland Tanzania. In relation to a
right of occupancy sale means the transfer of an
interest in or over land on conditions attached
to the right of occupancy. 
It may also include a contract or agreement by
which property is transferred from the
SELLER to the BUYER at a consideration
MAJOR TERMS:
paid or to be paid by the buyer.
 SELLER & BUYER Sale of land also implies sale of interest,
namely: the right to occupy, the term and
 VENDOR & PURCHASER improvements on the land, which is the subject
matter of the grant. 
 SALE OF LAND In dealing with sale of interest in land the terms
VENDOR and VENDEE or VENDOR and
 SALE OF INTEREST
PURCHASER are common. The vendor is the
 GRO & CRO seller while the vendee is the purchaser or the
buyer of the interest. 

The Process of Sale and Purchase of Land 

in Tanzania. - Dr. Ringo Tenga (TLS - 3
Remedial CLE - DSM, JAN. 2021)
 1.1 NATURE OF TITLE TO LAND 
1.1 NATURE OF  In every contract for the sale of interest in land, the vendor
must have a good title (i.e. marketable title), which is free from
TITLE TO LAND  encumbrances and one that can be proved in law by showing:
i. That he is the owner, or
ii. Through some other evidence to support his claim of
occupation/ownership;
iii. That he is solely, or with the concurrence of other persons, able
to convey the whole interest/estate in the land to be conveyed.
 A GOOD TITLE  Where encumbrances exist but the vendor fails to make a
disclosure in the contract, the title is bad in law.
 FREE FROM ENCUMBRANCES  The duty to establish a good title is on or before the date of
completing/ sealing the contract. If the purchaser discovers a
 DUE DILIGENCE & GOOD ROOT defect in title at any time before such completion, he has the
OF TITLE right to repudiate the contract.
 The title can be bad in law, if the vendor has no title to the
 FAILURE TO DISCLOSE
property at all or the land is subject to substantial and
 COMPLETION undisclosed latent defects in title. Sometimes the vendor can
have a doubtful title to the property where he fails to prove
 RESCISSION AND REPUDIATION with certainty that the title to the property is good. In this case,
the purchaser will have to do an extra work of verifying
whether the title is safe.

The Process of Sale and Purchase of Land 

in Tanzania. - Dr. Ringo Tenga (TLS - 4
Remedial CLE - DSM, JAN. 2021)
 INVESTIGATION OF TITLE is the means by which the purchaser ensures that the vendor does own the land
and can convey it. It is advantageous for the purchaser to investigate the title before the exchange of contracts.
The purchaser’s lawyer has to ensure that the vendor’s title is good and is in marketable condition free from
1.2. PRE-CONTRACT encumbrances.  THREE ways are used:
REGISTSTRY OF TITLES

INVESTIGATION OF – Proving a good title is relatively simple with the system of land registration. The purchaser (or his
lawyer) can investigate the title by searching the land register. The land register will disclose the

TITLE  registered encumbrances on a search by the purchaser. Thus, registered titles make the whole process
simpler.
– A good title is one that is free from interests that may adversely affect the use and enjoyment of the
property. It has to be in conformity with the client’s instructions. The lawyer must ensure that no
deficiencies in title, which may reduce the property’s value or adversely affect the client, exist. In case
there is an enforceable covenant that has been breached, the seller has to be asked to remedy the
breach immediately. 
– The purchaser’s lawyer must check the entries and other documents referred to in the register and
compare them against the information given in the draft contract/questionnaire. The search will help to
 INVESTIGATION OF TITLE reveal the position of the title. With a search report, the purchaser can know whether the land is
encumbered or not, or if the vendor is the registered owner of the land. 
– Official searches can be carried out at different stages of conveyancing in order to confirm the validity
 REGISTERED TITLE of the title at the time of signing the contract. It is also advisable to confirm the class of use for the
property. This may include considering the use group and class referred in the certificate of title against
 REGISTRY OF TITLES the Urban Planning (Use Groups and Use Classes) Regulations, 2018, or as may be amended to
ensure they match. 
 UNREGISTERED TITLES UNREGISTERED TITLES
– title investigation for unregistered land is difficult. It can, however, be done by showing the purchaser
 REQUISITIONS & the records of past transactions in the land e.g. sales, grants of probate, or the events of death. The aim
of exhibiting the records is to persuade the purchaser that the vendor has a valid title to the land. 
QUESTIONAIRES TO THE REQUISITIONS & QUESTIONNAIRES TO SELLER
– Due to the increasing need to have clear and adequate information on the property, requisitions
SELLER (requests for information) need to be done when investigating the title. It is advisable that
requisitions are done prior to the exchange of contracts. Requisitions include the purposeful desk
review/ interview of the particulars of the property to establish the veracity of the vendor and the
subject matter of disposition (See Table 1 hereunder). 
– Such requisition, if done, is not a hindrance to further enquiries, or clarification on the preliminary
information. As shall be seen later, such request for information should go hand in hand with official
searches, except for unregistered land.

The Process of Sale and Purchase of Land  in

Tanzania. - Dr. Ringo Tenga (TLS - Remedial 5
CLE - DSM, JAN. 2021)
 Table 1:
SAMPLE REQUISITIONS WHERE REPLIES TO ENQUIRIES BEFORE CONTRACT SHOULD BE GIVEN
(VENDOR TO PURCHASER) 
Requisitions by Purchaser Replies

PRE-CONTRACT by
Vendor

INVESTIGATION OF Enquiries before Contract

i. Confirm with vendor if purchaser’s written enquiries before contract could get the same

TITLE : replies after contract.

ii. In case confirmation above cannot be given, seek clarification of all the changes that have
taken place

Completion 
i. Clarify that on completion, the vendor must produce receipts for the last payments of outgoings
which he either claims reimbursement of an advance payment or from which arrears could be
recovered. 
ii. Seek to know where and when completion will take place. 
iii. Seek to know the preferred mode of payment and if the purchaser can remit the completion money
directly to vendor’s bank account or not. If vendor accepts bank payment, get particulars of the
account, name and branch of the bank. 
• PURCHASERS’ Title Documents - Unregistered Land

REQUISITIONS & i.
ii.
iii.
Seek to know what documents will be handed over to the purchaser on completion.
Seek to know if there are any documents that will not be handed over and why.
Indicate that documents of title will remain to be examined and the right to raise further requisitions which may

QUESTIONNAIRE
arise upon examination of replies or knowledge of new facts is reserved.

Title Documents - Registered Land

i. If the Land Registry has approved a search status of the land title done by vendor, the date during
which it was approved.
ii. If the vendor’s land certificate is on deposit at the land registry, what is the deposit number?
iii. Request vendor to supply up-to-date official copy entries in the register and filed plan for search and
verification purposes.

Mortgages
i. Indicate that all subsisting mortgages, must be discharged on or before completion.
ii. In each of the subsisting mortgage seek to know if:
iii. Vacant receipt, discharge of registered mortgage or consent to dealing will entitle the purchaser to take the property will be free of the mortgage on
completion.
iv. There will be any suggested terms of undertaking.

Possession
i. Confirm if vacant possession will be given on completion and that every person in possession of the property or any part of it will
vacate on or before completion.
ii. Seek to know the kind of arrangements that will be made to hand over the keys to the purchasers.
iii. Highlight that, if the property is leased, the vendor must on completion hand over vacant possession or provide a written authority
for each tenant to pay all future rent to the purchaser or at his direction.

The Process of Sale and Purchase of Land  in

Tanzania. - Dr. Ringo Tenga (TLS - Remedial 6
CLE - DSM, JAN. 2021)
 Requirement of Notice 
PRE-CONTRACT
INVESTIGATION OF a) Actual Notice, 
TITLE : Notice & b) Constructive Notice (Due
Caveat Emptor Rule.
Diligence), 
c) Imputed Notice. 
• REQUIREMENT OF
NOTICE

• ITS JURISPRUDENCE

The Process of Sale and Purchase of Land 

in Tanzania. - Dr. Ringo Tenga (TLS - 7
Remedial CLE - DSM, JAN. 2021)
 Other Issues for Consideration in the Pre-
1.2 PRE-CONTRACT contract Investigations 
INVESTIGATION OF  Properties under a MORTGAGE inquiries
TITLE  should be made if the Right of Sale has
accrued;
 Property under CO-OCCUPIERS (in
COMMON or JOINTLY)
 OTHER ISSUES:  Properties held by Personal Representatives
on the basis of a PROBATE or LETTERS
 MORTGAGE OF ADMINISTRATION;
 CO-OCCUPIERS  Properties held by MINORS or
 PROBATE or LETTERS ATTORNEYS;
OF ADMINISTRATION
 Properties where the Parties retain a
 MINORS or ATTORNEYS
Conveyancer jointly – CONFLICT OF
 CONFLICT OF
INTEREST
INTERESTS
 Etc.

The Process of Sale and Purchase of Land  in

Tanzania. - Dr. Ringo Tenga (TLS - Remedial 8
CLE - DSM, JAN. 2021)
 VENDOR’S DUTY OF DISCLOSURE
 The duty of disclosure is primarily important at the pre-contractual stage in order
VENDOR’S DUTY OF to enable the prospective purchaser to make an informed decision;

DISCLOSURE   Disclosure of LATENT DEFECTS:

 Latent defects are encumbrances plus other adverse interests that a
prospective buyer cannot discover by a reasonable inspection of the property.
A defect that the eye cannot easily see.
 Eg. estate contracts, restrictive covenants, easements such as underground
pipelines, leases where a tenant is not in possession, equitable interests
 Disclosure of PATENT DEFECTS:
 LIMITATIONS TO THE RULE OF  A patent defect is one that is apparent on reasonable inspection. An
‘CAVEAT EMPTOR’ !! observable defect which the eye can easily see.
 Consequences of MISREPRESENTATION and FRAUD:
 DISCLOSURE OF LATENT
 Where the vendor conceals a latent defect or gives false information, he will
DEFECTS
be liable for misrepresentation (c/s 18 of the Contract Act);
 DISCLOSURE OF PATENT DEFECT
 A misrepresentation is a representation or statement of fact, which is false
 EFFECT OF while fraud constitutes of an act done to deceive another party (c/ss 17 & 19
MISREPRESENTATION of the Contract Act); ;
 EFFECT OF FRAUD  Where the purchaser signs a contract because of fraud or certain
 LAW OF CONTRACT ACT, CAP. 345 misrepresentation on the part of the vendor, he is entitled to
rescind/repudiate the contract and sue for damages

The Process of Sale and Purchase of Land  in

Tanzania. - Dr. Ringo Tenga (TLS - Remedial 9
CLE - DSM, JAN. 2021)
 1.5 REGAINING POSSESSION BY THE
VENDOR 
REGAINING  Under the Land Act after the purchaser has entered into
POSSESSION BY THE possession of the land, the vendor may still rescind the contract
VENDOR  for breach of the contract by the purchaser;
 He may reverse the Sale by:
i. Resuming possession of the land peaceably, or
ii. Obtaining an order of possession of the land from the court
 REMEDIES FOR BREACH
and claim for damages. the Court to issue an order of
restoration or compensation in appropriate cases
 Conditions (particularly to protect creditors),
 Breach of Contract & damages iii. However, the Court cannot order repossession to the
 Representations prejudice of a bona fide purchaser for value without notice
(i.e. one who received the land in good faith and without
 Misrepresentations knowledge of any fraud, knowledge including the various
 Repudiation & Rescission forms of notice). See: Omari Yusufu v Rahma Ahmed Abdulkadir
 Compensatory Damages [1987] TLR 169 (CA)
 Warranties

 Covenants

The Process of Sale and Purchase of Land 

in Tanzania. - Dr. Ringo Tenga (TLS - 10
Remedial CLE - DSM, JAN. 2021)
  REPRESENTATIONS
 It is a statement of fact
TERMS &  as of a moment in time
CONDITIONS  intended to induce reliance
 WARRANTIES
 A Warranty differs from a Representation
 A Warranty is a promise by the maker of a
 REPRESENTATIONS & statement that the statement is true.
WARRANTIES  This kind of promise will result in the maker
of the statement paying damages to the
statement’s recipient if the statement was
false and the recipient gets any damage. The
warranty acts as an indemnity.

The Process of Sale and Purchase of Land 

in Tanzania. - Dr. Ringo Tenga (TLS - 11
Remedial CLE - DSM, JAN. 2021)
 WHY A PARTY SHOULD RECEIVE BOTH REPRESENTATIONS
AND WARRANTIES. (Tina Stark)
 Multiple benefits accrue to a party in Contract who receives both
REMEDIES FOR Representations and Warranties. These have Common Law
BREACHES OF Remedies available to the Parties. To summarize, they are the
TERMS & following:
 First, a party will have the option to void the contract and
CONDITIONS receive restitution only if that party receives representations.
 Second, a party may sue for punitive damages only by
claiming a fraudulent misrepresentation.
 Conditions  Third, if a party cannot prove justifiable reliance on a
representation, that party can still sue for breach of warranty.
 Breach of Contract & damages  Fourth, if the law of the place follows the out-of-pocket rule
 Representations: for damages for fraudulent misrepresentations, a party can
still recover the greater benefit of the bargain damages by
 Misrepresentations
suing for breach of warranty.
 Repudiation & Rescission
 Fifth, a breach of warranty claim may be easier to prove than
 Restitution Damages a fraudulent misrepresentation claim. As noted earlier, to
 Warranties prove fraudulent misrepresentation, a plaintiff must
demonstrate scienter, that the defendant knowingly made a
 Covenants false representation. As proving a party’s state of mind can be
difficult, a breach of warranty claim, which has no such
requirement, may be the easier claim to win
The Process of Sale and Purchase of Land 
in Tanzania. - Dr. Ringo Tenga (TLS - 12
Remedial CLE - DSM, JAN. 2021)
 COVENANTS
 WHAT IS IT?
TERMS &  A covenant is a promise to do or not to do
CONDITIONS something. It creates a duty to perform.
 The duty to perform is sometimes called the
obligation to perform.
 REMEDIES
 In the same way that representations and
 COVENANTS warranties carry with them their own common
law remedies, so too do covenants. In general,
breach of a covenant entitles the injured party to
sue for damages and, if the facts are appropriate,
specific performance .

The Process of Sale and Purchase of Land 

in Tanzania. - Dr. Ringo Tenga (TLS - 13
Remedial CLE - DSM, JAN. 2021)
 SALE OF UNIT TITLE PROPERTIES
SALE OF UNIT TITLE  THE UNIT TITLES ACT, 2008
PROPERTIES   Pt. IV - Disposition
  s. 28 - Disposition,
 s. 29 - Sale of Units by a Developer,
 s. 30 - Sale of Units by Owner or Chargee,
 s. 31 - Lease of Units by Owner,
 UNIT TITLES ACT, CAP. 416 (ACT
 s. 32 – Inheritance,
NO. 16 0F 2008).
 s. 33 – Mortgage,
 THE UNIT TITLES REGULATIONS
2009,  s. 34 - Protection of Mortgagee.
 THE UNIT TITLES REGULATIONS 2009
 Reg. 15 – Sale by Purchaser,
 Reg. 18 – Use of Other Forms.

The Process of Sale and Purchase of Land  in

Tanzania. - Dr. Ringo Tenga (TLS - Remedial 14
CLE - DSM, JAN. 2021)
PART II: DRAFTING A SALE
AGREEMENT
( see LF # 38 in LR 2001)
 Brainstorming
 Why Sales Agreement in writing (S. 64(1)-(3)LA
 Is writing mandatory in sale of CRO?

DRAFT & EXECUTE

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
15
DSM, JAN. 2021)
 SALE AGREE….
 Normal contractual principles apply to
land contracts just as they do to other
legal contracts.
 There must be:-
 (a) an intention by the parties to create
legal relations;
 (b) offer and acceptance; and
 (c) consideration

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
16
DSM, JAN. 2021)
 SALE AGREE…

 THE LAYOUT
 NATURE OF DISPOSITION
(TITLE)
 DATE: When the Contract is made as
between the parties (to be inserted
upon exchange).

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
17
DSM, JAN. 2021)
 ■ Names & Addresses
■ Capacity to Contract
■ NATURAL PERSONS
– CITIZEN OF TANZANIA
– AGE OF MAJORITY
– FREE CONSENT
– NOT UNDISCHARGED BANKRUPT
– OF SOUND MIND [non compos mentis] Ss.10-12

PARTIES ■
Cap. 345
CORPORATE PERSONS
– COMPANY [Cap. 212]
■ BRELA REGISTERED
■ MAJORITY MEMBERS MUST BE
CITIZENS
■ WHERE MAJORITY MEMBERS ARE NON
-CITIZENS TO BE TREATED AS FOREIGN
COMPANY…S 19 & 25LA
■ CONSENT SUBJECT TO MEMARTS…who
has power?

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
18
DSM, JAN. 2021)
 Parties….

 SOCIETIES & ASSOCIATIONS [Societies Act, Cooperative

Societies, Political Societies, Saccos, Etc.]
 REGISTERED UNDER RELEVANT LAW
 CAPACITY CONTROLLED BY ITS CONSTITUTION
 Where there are Registered Trustees [RITA] consent of
REGISTRAR OF TRUSTEES [ADMINISTRATOR
GENERAL] must be obtained.
 NON-GOVERNMENTAL ORGANISATIONS [NGOs]
 PARTNERSHIPS

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
19
DSM, JAN. 2021)
 LEGAL PHYSICAL
DESCRIPTION DESCRIPTION
 MAPS
 GRANTED RIGHT OF  SURVEY MAPS
OCCUPANCY [Usually Attached
 TIME
to the Certificate of
CLASSIFICATION Occupancy]
 S 32 LA  UNREGISTERED-
SKETCH MAPS
 PLANNING AREA
SUBJECT
 USE
CLASSIFICATION REFERENCES
 PROPERTY/ASSETS
 GN 77/2001
MATTER…
INVENTORY
Regls.  Immovable [Valuation
 CUSTOMARY RIGHT
Report]
OF OCCUPANCY S. 29.  Chattels [Valuation
Report

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
20
DSM, JAN. 2021)
  Chattels
 If any chattels are to be
included in sale,
 have a separate list of them

SUBJECT
which can be attached to the
final form of contract (e.g., a
copy of fixtures, fittings and

MATTER… 
contents form).
A clause could read:
 ‘The chattels on the
Property and set out
on the attached list are
included in the sale.’

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
21
DSM, JAN. 2021)
 ■ SALE PRICE
– OTHER VALUABLE
CONSIDERATION [e.g. Exchange
of Properties]
– -How it shall be paid. Lumpsum,
CONSIDERATION Installment –how many, when each
installment?
…
■ GIFTS
– MUTUAL LOVE & AFFECTION
– DEED OF GIFT required instead
of Agreement for Sale [CGT]

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
22
DSM, JAN. 2021)
 ■ CONDITIONS
PRECEDENT/SUBSEQUENT
– If your client must satisfy the
condition, draft it so that the client
can satisfy it easily.
TERMS AND – If the other party must satisfy the
condition, consider how difficult it
CONDITIONS should be in the context of the
transaction.
– SUBJECT TO SECURING LOAN?
■ ANY BINDING COVENANTS: A
covenant is a promise to do or not to do
something.

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
23
DSM, JAN. 2021)
 ■ It creates a duty to perform.
■ Use shall to signal a covenant
– All non-physical defects and
encumbrances
– All disclosed and known defects and

TERMS
encumbrances should be included in a
special condition to prevent buyer from
raising objection afterwards.

AND… ■
■
DEPENDENT ON APPROVAL
REGISTRATION OF TRANSFER.
■ WHEN SHOULD VACANT POSSESSION
BE ASSUMED
■ -DELIVERY ETC.

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
24
DSM, JAN. 2021)
 WARRANTIES AND
REPRESENTATIONS
 THE FOUNDATION OF THE VENDOR’S QUESTIONNAIRE.
 Representations and warranties are common law concepts.
 They establish standard of liability and carry with them
legal remedies.
 If representing the maker, draft representations and
warranties narrowly, and qualify them as much as possible.
 If representing the recipient, draft representations and
warranties broadly and with as few qualifications as
possible.

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
25
DSM, JAN. 2021)
 BREACH ■ GOVERNING LAW
– BREACHES
OF TERMS ■ WHAT SHALL
AND BE THE
REMEDY.
REMEDIES

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
26
DSM, JAN. 2021)
 DISPUTE
RESOLUTION
HOW TO RESOLVE DISPUTES SHOULD THEY
ARISE.
WHAT SHOULD BE THE FORUM.
■ Consider the potential of dispute arising.
(this is often ignored).

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
27
DSM, JAN. 2021)
  GOVERNING LAW
BREACH  BREACHES
OF TERMS  WHAT SHALL
BE THE
AND REMEDY.
REMEDIES  See Above Slides

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
28
DSM, JAN. 2021)
  THERE MUST BE
ATTESTATION CLAUSE
 PARTIES MUST SIGN
BEFORE A WITNESS /
WITNESSES.
ATTESTATION  S. 63LA & SS 91-94LRA
 ATTESTATION CLAUSES
– Land Registration Rules, 1954
12. Attestation clauses

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
29
DSM, JAN. 2021)
 SCHEDULE

– CHATTELS / FITTINGS TO BE INCLUDED

OR EXCLUDED.

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
30
DSM, JAN. 2021)
 LAYOUT
(Check FORMATS in SLIDE BELOW – Tina Stark & Haigh*)

 Heading
 Commencement
 Description of Parties
 Interpretation
 Description of Subject Matter
 Any Special Terms
 Consideration
 Covenants/Conditions
 Rights and Obligations of Parties

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
31
DSM, JAN. 2021)
 LAYOUT..

 Warranties& Representations
 Governing Law
 Dispute Resolution
 Attestation Clause
 Schedule

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
32
DSM, JAN. 2021)
SALE AGREEMENT
 Parts of an Agreement  Parts of a Commercial Contract:
1. Preamble. 1. Names and addresses of the parties
2. Recitals.
2. Recitals
3. Words of agreement.
3. Definitions
4. Definitions.
5. Action sections.
4. Conditions precedent

6. Other substantive business provisions 5. Agreements

(representations and warranties, covenants,
rights, conditions, discretionary authority, 6. Representations and warranties
and declarations).
7. Boilerplate clauses
7. Endgame provisions (a kind of substantive
provision). 8. Schedules
8. General provisions. 9. Signatures
9. Signature lines.
10. Appendices
10. Schedules.
11. Exhibits.

Tina Stark Rupert Haigh

The Process of Sale and Purchase of Land  in Tanzania. - Dr.
Ringo Tenga (TLS - Remedial CLE - DSM, JAN. 2021) 33
CONSIDER OTHER DOCS

■ Form No. 29 ■ Commitment Bond?

■ Affidavit (where necessary)
■ Form No. 30 ■ Various receipts

■ Form No. 35  Consent fee (80k)

 Reg. fee (1% of the value or
■ Spousal Consent consideration
 Notification fee (40k)
 Land Rent

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
34
DSM, JAN. 2021)
  Gondwe, Z.S. Manual of Transfer of Right of Occupancy in
Tanzania. Mkuki na Nyota. 2001
 Tenga W.R. & Mramba S.J., Disposition and Conveyancing
in Tanzania: Law and Procedure, Law Africa. 2017.
 Tenga, R.W. & Sist J. Mramba, 2020 Conveyancing and
Disposition of Land in Tanzania: Law and Procedure.
Juris-Publishers DSM;
 Abbey R. & Richards M., A Practical Approach to
Conveyancing, 15th Edn. Oxford University Press. 2013.
Chapters 2-5.

REFERENCES  Onalo P.L. Land Law & Conveyancing in Kenya. Law Africa.
2008. Chapters 15 & 18.
 Farrand LL.D. Contracts & Conveyance 2nd Edn. London
1963. Chapters 2-4, 6 & 15.
 Bowman E.G & Tyler E.L., The Elements of Conveyancing.
Sweet & Maxwell 1972. Chapters 2,& 5.
 Harwood M., Conveyancing Law and Practice. London.
1998.
 THE ENCYCLOPEDIA OF FORMS & PRECEDENTS

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
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 THE END

The Process of Sale and Purchase of Land  in Tanzania. - Dr. Ringo Tenga (TLS - Remedial CLE -
36
DSM, JAN. 2021)