REPUBLIC OF KENYA
Court of Appeal, at Nairobi
Civil Appeal No. 31 of 1984
Gurbaksh Singh and Sons Limited
v.
Njiri Emporium Ltd
Kneller JA, Platt and Gachuhi Ag JJA
(Appeal from the High Court at Nairobi, Aganyanya J, Civil Case No 2317 of 1983)
December 17, 1985, Kneller JA delivered the following
Judgment.
Gurbaksh Singh and Sons Limited (the landlord) under an agreement in writing made on August 30, 1977 let a house at Lavington to Njiri Emporium Limited (the tenant) for fifteen months from September 13, 1977 to December 14, 1980 at a rent of Kshs 8,000 a month. Rent was to be paid in multiples of Kshs 24,000 quarterly in advance in the middle of every third month beginning on September 15, 1977.
The lease was to be prepared by the landlord’s advocate and was to include, among other things, an option to renew the lease for two years at Kshs 15,000 a month payable in multiples of Kshs 45,000 a quarter. The draft lease was never approved but the tenant regularly paid the rent and the landlord a…