JUDGMENT OF THE COURT
Agip (Kenya) Ltd (the appellant) is one of the major oil companies in Kenya and owns petrol stations in a number of towns and trading centres in the Republic. One such petrol station is on Plot L.R. NO. Nakuru Municipality/Block 9/26 (the station). By an agreement dated 1st November, 1991, the appellant granted Appollos Kennedy Mwangi (the respondent) the right and licence to run and operate the station for the sole purpose of selling, advertising and displaying the products of the appellant on certain terms and conditions agreed between the parties.
Clause 2 of the agreement provided that subject to clause 17 the Agreement could be terminated by either party giving the other 30 days written notice expiring at any time. Clause 17 deals with the mechanics of handing over the station upon the termination of the agreement. Prior to the execution of this agreement the respondent had operated the station under a temporary arrangement for 16 1⁄2 months. Under clause 13 t…