TWIGA PROPERTIES LIMITED V. GADINOS PIZZAS LIMITED

JUDGMENT OF THE COURT

The appellant, a limited liability company, is the owner of a piece or parcel of land known as Land Reference Number 209/2559, Nairobi and has a building thereon known as “Twiga Towers”.

One shop in Twiga Towers was let by the appellant to the respondent, also a limited liability company. The letting was incorporated in a lease dated 20^th December, 1989. The period of the tenancy in question was five years and three months from the 15^th day of November, 1989. The tenancy would have, therefore, ended by affliction of time on 14^th February, 1995; but the lease contained an option clause which reads as follows:

“That the lessor will on the written request of the lessee made not less than six months before the expiration of this lease and if there shall not at the time of such request be any existing breach or non-observance of any of the covenants on the part of the lessee herein before contained at the expense of the lessee grant to it a lease of the said premises for…