JUDGMENT
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 accepted it.
The tenant left the premises at the end of April 1980 without giving a quarter’s notice or paying in lieu a quarter’s rent. The tenant according to the draft lease covenanted to keep the house, its surroundings, garden…