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Ladies and Gentlemen, I'm indeed honoured to be here to take you through this topic.
It sounds very legal. So if there are lawyers in here, I will try not to talk on the legal
perspective of it, but on the perspective of Property Administering, and hopefully,
I can also use this time on the floor to answer any concerns like the ones Anthony was raising.
I don't know whether now he's a journalist But we'll try and look at real estate in terms
of Rights and Obligations. By the time we conclude this presentation,
I hope some of you who have all along called yourselves flat owners, you will discover
you are actually tenants. And I also hope that, it's not my hope, that by the time we
leave here, there'll be no placards from the property owners claiming that property owners
are human rights, yah, property rights are human rights. Mali yetu, yaki yetu thing will
not be there. Property Rights are an essential part of the
entire property spectrum. When I was asked to do this presentation on
Whose roof is it; I will provide the presentation later and both will probably be given to you.
But, I would like you just to listen and let's discuss, because the issue of flat owners
is actually a dilemma we are facing. We have for the last 15, 20 years been building
flats without the proper legal framework and we've been moving in left, right and centre.
Right now problems are coming up. We are not quite clear who is supposed to build what.
So in this presentation, I'll just take you through the Classes of Occupiers so that you
understand where exactly you fall; speak briefly about the property rights, and a look within
the property, What would you call 'Common' and then I'll look at what is the Demised
Property. And then I will try and conclude just on that.
I also hope that by the time we leave here, all those pages that our lawyers write in
terms of Leases and Arguments, we can actually tell them to reduce them to not more than
two pages, because most of it is actually useless.
Let me put this in perspective. You all know about Abunuasi. Do you know Abunuasi For those
who did Swahili in you must have encountered this character called Abunuasi. For those
who didn't let me just try and refresh. Abunuasi built what we call flats today and
he occupied the unit at the bottom and sold the one on top. And for some time, he came
back and told the party on top, that I'd like to sell my unit at the bottom, and please
buy it. The guy at the top said No, I don't want to buy it, I'm comfortable where I am.
One day, Abunuasi showed up with a tractor and told the guy on top, to hold his house
because he is demolishing his. I would also like to reinforce this by giving
you this scenario, just memorise it. XYZ Limited developed a block of flats. You
bought a unit at the top which you leased it out to someone called PM. After about 2
years of occupation, PM called you .....