IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Law, Potter JJA and Kneller Ag JA)
CIVIL APPEAL NO 61 OF 1981
BETWEEN
CHANDARIA................................................APPELLANT
AND
NJERI ......................................................RESPONDENT
JUDGMENT
This is an appeal by the defendants (“the landlord”) in a suit instituted by the plaintiff (“the tenant”) in the High Court, to recover the sum of Kshs 21,000 paid by the tenant as a deposit upon the executing of a lease between the parties whereby the tenant leased at a monthly rent of Kshs 6,000 a house belonging to the landlords which was occupied by a number of sub-tenants. The tenant also claimed damages for wrongful eviction, and Kshs 18,000 being rent for three months in lieu of notice of termination by the landlords. The lease, which was unregistered, was not expressed to be for any specified term, and was stated to be determinable by either party on giving three months notice in writing, or if the rent reserved was unpaid for …