JUDGMENT
Plaintiff’s case
It is the plaintiff’s case that it acquired the land in dispute as a lease from the State acting through the then chairman of the Lands Commission. The plaintiff asserts that on 24 September 2010, it entered into a Sale and Purchase Agreement with the defendant for the purpose of the plaintiff conveying the land to the defendant for the construction and completion of residential apartments called Rees Condominium within a period of thirty months.
It is the case of the plaintiff that per the terms of the Sale and Purchase Agreement, the consideration payable for the agreement was divided into three parts. The initial deposit of US$250,000.00 was to be paid upon execution of the agreement, an additional amount of US$250,000.0 was to be paid within thirty days after the receipt of the consent certificate by the plaintiff from the government to assign the land to the defendant and upon completion of the project within the thirty months, the allocation of five apartm…