John was a promoter of Rose Ltd . While incorporating the said company, he sold his land to the company and prepared what he called a pre-incorporation contract betweenhimself as the promoter and Rose Ltd. The contract was, by article 10 of the articles of association, to become effective as soon as the certificate of incorporation was issued. The certificate of incorporation was issued on 10^thApril 2021 and the Company had two directors, namely Mary and Denning. John demanded payment of the sum now due for purchase of his premises by the company at a cost of Shs. 10,000,000 as stipulated in the pre-incorporation contract. Mary and Denning learnt that the promoter had exaggerated the price by three times the actual price and hence decided that Rose Ltd should not pay. The promoter is aggrieved and has approached you for legal advice. guide me on a reasoned opinion AND highlight:

(i)Whether your opinion be different if the price had not been exaggerateduse kenya laws and relevant case laws

(ii)the options available to the promoter to recover the consideration of Shs.10, 000,000use kenya laws and relevant case laws