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 to the society during this period (outside the lease) shall be deducted from the cost of repair as follows: 6 months @7,000/- = 42,000/- balance Kshs 22,187/-. This balance of Kshs 22,187/- shall be recovered by the lessee from the rent payable to the society during the rent period as follows:
March 1985 - Shs 7,000/-
April 1985 - Shs 7,000/-
May 1985 - Shs 7,000/-
June 1985 - Shs 1,187/-
Total -…