JUDGMENT
The question in this appeal is whether or not the learned judge was right when he dismissed with costs the appellant’s application for summary judgment against the respondent and gave him unconditional leave to defend? Or should he have allowed it with costs, or given the respondent leave, conditional or unconditional, to defend and reserved the costs or made them costs in the cause?
Trikam Maganlal Gohil and Velji Damji Nandha, the appellants, are the leasehold owners of a three storey building on plot 209/2730 Luthuli Avenue, Nairobi. John Waweru Wamai, the respondent, leases a shop on the ground floor at Kshs 800 a month and a store on the same level across a courtyard at the rear for Kshs 400 month. He trades in the shop as Tumaini Trading Store (Kenya). The store is subdivided by a hard-board partition and the appellants say he has sublet (Since December 1978) the larger part to Messrs Scientific Industrial Services at Kshs 800 a month and turned the smaller part into a dw…