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Lillian Lofty

Partner
Lawyer

Nairobi
CMS Daly Inamdar Advocates
ABC Towers
Waiyaki Way, Westlands ABC Towers, 6th Floor ABC Place
00100 Nairobi
Kenya
Languages English

Lillian is a Partner in the Property & Real Estate Department of the Firm and an Advocate of the High Court of Kenya. Lillian was admitted to the Bar in the year 2009 and was formerly a Partner at Raffman Dhanji Elms & Virdee Advocates. She joined the firm in November 2014 as a Partner.

Lillian specializes in Property matters and estate administration and probate. She has experience in preparation of security documents including charges, debentures, inter-lenders agreements, preparation of leases between various group ranches and various landlords over community land held by pastoralist community (Maasai community), sale and purchase of residential land and companies that own residential land, purchase of commercial office space in malls, advising on issues of boundary disputes and encroachment, purchase and sale of properties situate in conservancies, purchase of assets and business sold as a going concern, preparation of deeds of family arrangements, dealing with estate matters and probate to include procuring re-sealing of Grants in foreign jurisdictions to include Commercial Leases, Sales and advising developers on Cluster Developments. She also advises on Probate matters.

Acting for a client in their multi-million Euro sale of shares and promissory notes in a company

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Relevant experience

  • Acting for a non-profit cooperative financial institution established in the United States of America on the structuring, establishment and implementation of a mortgage loan scheme for its members.
  • Acting for a client purchasing land for the purpose of establishing a high-end retirement home and a sanatorium for the treatment of drug and alcohol dependency.
  • Acting for various purchasers in their purchase of apartments in gated communities and stand along properties.
  • Acting for various clients in the preparation of joint venture agreements for the transfer of land and the development and sale of residential units.
  • Acting for a client who wished to obtain a loan from a French based development financial institution to finance the multi-million purchase of agricultural land and greenhouses on which there were breeds of various rose varieties.
  • Acting for a landlord in the preparation of a Royalty Agreement between the landlord and tenant in respect of the operation of a hotel business that was situate on the landlord’s property.
  • Acting for a developer in the purchase of properties for the construction of a multi-million mixed use mall that includes shops, a cinema, restaurants and other commercial purposes in the Karen area.
  • Acting for a seller in the sale of their multi-million residential properties in a a gated community in Nairobi and at the Coast.
  • Acted for a developer in the development of a multi-use complex that included a nine (9) hole golf course, bungalows, empty residential plots, and commercial amenities upcountry.
  • Acted for a company based in Kenya in the review of a Supply Agreement between a designer and manufacturer of motor vehicle assessories based  in Australia and our Kenyan client in relation to the engagement of our client for the exclusive supply of the manufacturer’s products in Kenya, Southern Sudan, Burundi, Uganda, Tanzania, Democratic Republic of Congo and Rwanda.
  • Acting for a client in the prepartion of a Trust Deed establishing a charitable trust for the purpose of providing education through preservation of the natural environment and conservation of plants and animals.
  • Acting in a multi-million dollar transaction whereby our clients who wished to end their employment with a tourism company incorporated in Mauritius which had subsidiary companies in South Africa, Kenya, Uganda, Tanzania which involved review of Fixed Term Contracts, Settlement Agreements, Sale of Shares and Claims Agreement, and preparing the relevant documents for the resignation of our clients as directors in the various companies and the sale of our clients‘ shares in the various subsidiary companies in the different jurisdictions.
  • Acting for clients in the sale and purchase of shares in two (2) associated companies one (1) of which owned a high-end restaurant while the second company owned the land on which the restaurant was situate.
  • Preparing a shareholders agreement to protect the rights of the investor minority shareholder who envishioned the provision of low cost housing in Kenya.
  • Preparation of Heads of Agreement for the sale of shares in a company that owned a restaurant together with the relevant documents for the sale of shares.
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Memberships & Roles

  • Law Society of Kenya 
  • Member of the Law Society of Kenya, Nairobi Branch Lands Liaison Committee
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Education

  • 2009 – Admitted as Advocate of the High Court of Kenya
  • 2007 – Post Graduate Diploma in Commercial Law - University of Wales, Cardiff
  • 2000 – LLB Law - University of Wales, Swansea
  • 1995 – Bachelor of Science International Business Administration, United States International University, Africa
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13/08/2020
KEY AMENDMENTS UNDER THE BUSINESS LAWS (AMENDMENT) ACT NO. 1 OF 2020
The Business Laws (Amendment) Act No. 1 of 2020 (the “Amendment Act”) was assented to on 18th March, 2020 and came into force upon assent. The main objective of the Amendment Act is to enhance ease...