JUDMENT OF THE COURT
This is an appeal from the judgment and decree of the High Court (J. Khaminwa, J.) whereby judgment was entered for the respondents against the appellants for Kshs.7,200,466/40 less Kshs.480,000/= plus interest and costs. The judgment sum comprised of Kshs.952,500/= being rent arrears and Kshs.6,247,958/40 being the costs of repairs and renovation of allegedly demised premises.
The 1st and 2nd respondents are husband and a wife. They are the registered proprietors of land parcel No. Mombasa/Block XXI/Parcel/216 as joint proprietor along Moi Avenue Mombasa City on which a building has been erected. The land is registered under the Registered Land Act now repealed. The 1st and 2nd respondents filed a suit in the High Court against the 1st and 2nd respondents who are also husband and wife for specific performance of an agreement for lease; and for recovery of Kshs.952,508/= as arrears of rent as at June 2001. and further rents and also claimed Kshs.8,000,000/= as damag…