Alice Mugo & Associates Advocates

Alice Mugo & Associates Advocates A premier law firm located in Karen, Nairobi. We specialize in commercial law, corporate law, intellectual property and dispute resolution.

We are business lawyers committed to supporting entrepreneurs, SMEs, NGOs and similar business organizations.

11/04/2024

Contract negotiation and drafting is an art. Here is an example of why.

Just like any other document, you need to capture the AOB.Clauses falling here include issuance of notices, sharing of c...
05/04/2024

Just like any other document, you need to capture the AOB.

Clauses falling here include issuance of notices, sharing of costs, how to make amendments, and which law to apply. It ends with the ex*****on part where the signatories must be properly described.

What happens when you can't pay? Or the seller can't provide the original title?The default clause takes care of this by...
04/04/2024

What happens when you can't pay? Or the seller can't provide the original title?

The default clause takes care of this by way of providing for refunds, and return of original title documents. Make sure it is well drafted to include protections such as completion notices and optional extension of time to complete.

Ever been to court?For contracts, what the parties agreed is what the court will enforce. A well-drafted agreement will ...
03/04/2024

Ever been to court?

For contracts, what the parties agreed is what the court will enforce. A well-drafted agreement will protect you in case of a dispute. It will also minimise costs.

Ensure that all disclosures about the property and the seller are set out in the agreement. If they are not, the seller ...
02/04/2024

Ensure that all disclosures about the property and the seller are set out in the agreement. If they are not, the seller may escape liability.

Liabilities can be passed on...make sure it is not to you.In property transactions, ensure that the seller remains respo...
01/04/2024

Liabilities can be passed on...make sure it is not to you.

In property transactions, ensure that the seller remains responsible for all liabilities - whether disclosed or undisclosed - prior to completion. If not, these will be passed on to the buyer. Where there is no indemnification clause, the buyer will just have to take responsibility.

An example of a condition precedent is obtaining change of user, getting approved for a bank loan or evicting a squatter...
29/03/2024

An example of a condition precedent is obtaining change of user, getting approved for a bank loan or evicting a squatter. These are things which, if not done, can jeopardise the sale.

Such conditions (if not performed) can also make a sale so risky, the buyer is better off pulling out. Ensure to craft them properly.

Completion sounds technical, but isn't. It refers to a date on which payment is to be completed, and the title documents...
28/03/2024

Completion sounds technical, but isn't. It refers to a date on which payment is to be completed, and the title documents exchange hands.

Be careful when looking at this clause as a poorly-worded clause can increase the riskiness of the sale.

Both parties need to be keen on the payment terms to prevent disputes. Money is a very sensitive issue, and chances are ...
27/03/2024

Both parties need to be keen on the payment terms to prevent disputes. Money is a very sensitive issue, and chances are that the buyer has to plan on getting the money ready, and the seller is funding something with that money.

What exactly are you buying? Is it a freehold or leasehold? How many acres? Any buildings on the property? Is there an o...
26/03/2024

What exactly are you buying? Is it a freehold or leasehold? How many acres? Any buildings on the property? Is there an occupant like a tenant?

The details are key, make sure they are captured.

What is the first thing you notice when looking at a sale agreement?It is the persons who are making it. This has implic...
25/03/2024

What is the first thing you notice when looking at a sale agreement?

It is the persons who are making it. This has implications on legal capacity to buy and sell, to bind themselves, and to deliver the deal. Ensure to countercheck that the parties are described correctly.

In a leasehold property, the owner has rights for a specified period, after which ownership reverts to the landlord. In ...
05/03/2024

In a leasehold property, the owner has rights for a specified period, after which ownership reverts to the landlord. In Kenya, leases can be issued by the national government or county governments for 99 years, during the last 2 years of which the lessee can apply for renewal.

Address

90 James Gichuru Road, 2nd Floor
Nairobi
00200

Opening Hours

Monday 09:00 - 17:00
Tuesday 09:00 - 17:00
Wednesday 09:00 - 17:00
Thursday 09:00 - 17:00
Friday 09:00 - 17:00
Saturday 09:00 - 17:00

Telephone

+254782124900

Website

Alerts

Be the first to know and let us send you an email when Alice Mugo & Associates Advocates posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Shortcuts

Share

Category