IN THE COURT OF APPEAL
AT MOMBASA
(Coram: Kwach, Omolo and Shah JJ A)
CIVIL APPEAL NO 48 OF 1995
Between
HASSAN MBARAK ............................................APPELLANT
AND
NORTH COAST FISHERMEN’S
CO-OPERATIVE SOCIETY LIMITED ............RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 17th June, 1993
in
HCCC No 27 of 1986)
*********************
JUDGMENT
On 4th March, 1985 the appellant entered into an agreement in writing with the respondent whereby the appellant hired the respondent’s motor boat M v. Ushirika for a fixed period of one year which period was to end on 28th February, 1986. The appellant had earlier repaired MV Ushirika at a cost of Ksh 64,187/- apparently whilst using the same prior to 1st March, 1985. The rental (hire-charges) of MV Ushirika was agreed at Shs 7,000/- per month. This rental was agreed to be paid in terms as shown in clause 11 of the said agreement. We set out all the said clause below:
“11. The rent accruing…