THAT on 4th April, 2013 and in accordance with Clause (iii) of the Agreement, we issued the Purchaser with a Certificate of Occupation over the Property, dated 28th March, 2013;

 THAT upon issuance of the Certificate of Occupation, Completion Date shall be Thirty (30) days from the date of issuance. To this end, the Completion Date was 4th May, 2013 wherein the Purchaser ought to have settled the Purchase Price and availed all documentation, any pending stamp duty costs to enable the registration of the Lease (and where applicable, a duly executed Charge, a professional undertaking from his Financier’s advocates, stamp duty on the Charge and our handling costs for the registration of the Charge);

 THAT on 13th May, 2013, despite the Completion Date having lapsed, the Purchaser indicated to us that he was following up on financing from Bank of Africa;

 THAT on 24th May, 2013, we wrote to Mr. Gitonga, of Bank of Africa, calling for the terms of undertaking from the Bank to the Vendor together with other completion documents;

 THAT on 30th May, 2013, we wrote to the Purchaser, advising of the lapse on the Completion Date and on the outstanding Purchase Price together with the accrued interest thereof;

 THAT on 11th July, 2013, the Purchaser informed us that he was in the process of transferring his financing arrangements from Bank of Africa to National Bank of Kenya;

 THAT on 17th July, 2013, we issued the Purchaser with a Twenty One (21) days Completion Notice within which he ought to have availed proof of payment of the balance of the Purchase Price together with the accrued interest;

 THAT on 28th August, 2013, we issued the Purchaser with a Termination Notice in accordance with Special Clause (o) of the Agreement;

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