Quan 1992 1 WLR 11 Q&A- caution You are the transaction advocate of Abdalla Issa the purchaser of Machakos/Block 11 Syokimaul5. The vendor is Mohammed Hassan. The property the subject matter of th transaction is an expansive piece of land in Syokimau in Athi River Machakos County. T Title Deed is registered at the Machakos District Lands Registry pursuant to the Register Land Act Cap 300(Now Repealed) and comprises 134 acres. The property is situated in agricultural zone. Parties had signed the Agreement for the Sale of 78 acres to the purchaser and the ful purchase sum of Kshs. 135,000,000/= has been paid to the vendor directly. The vendor has nonetheless refused to transfer the 78-acre piece of land and part-possession of that same portion has been granted to Sarova Limited. Sarova Limited. have leased 50 acres of the same property for 25 years from the vendor. Sarova's managers never visited the property and only relied on a report and pictures by an agent who procured the property on behalf of the company. Muriu wa Mwangi represents the vendor and Sarova Limited. No documents were ever signed between Mohammed Hassan and Sarova Limited. Mr. Muriu has not responded to any calls by yourself. Your letters to Mr. Muriu's firm have also been ignored. Assistants at Muriu's office intimate to you that you can only get hold of their boss at the Karen Country Club where he plays golf daily from 10 am every morning. Your client is demanding that you ensure that Sarova Limited vacates his land forthwith. A recent search of the title reveals Nil encumbrances in the Register. Your client informs you that the vendor is showing the same property to prospective purchasers for the purposes of a re-sale, and instructs you to take stern action. a) What quick steps will you take on behalf of the purchaser? (5 Marks) . . . Q.3 (a) Lodge a caution application at the Machakos District Registry aiming that a caution be registered which would forbid any dealing with the title to the land. (5 marks). Please note that some students may have thought of an inhibition as an appropriate remedy to tween the seller and purchaser. An inhibition being a court order may not be resolve the imt roblem. I would recommend we award 3marksfor the said answer. soluti ne? Who does it? When is it deemed to have been done