JUDGMENT
Wambuzi P delivered the following This appeal is against an order of the High Court of Kenya requiring the appellant to vacate and deliver up to the respondent vacant possession of
the premises known as office No 4, Balfour House, Kimathi Street, Nairobi. The respondent is the lessee of the premises and one Mohamed Ibrahim Dar was a sub-lessee, and carried on a tailoring business in the premises under the name “Ibrahim and Sons” prior to his death in 1971. Upon Dar’s death the respondent claimed to have sub-let the premises to Dar’s sons on a month-to-month basis for the purpose of winding up their late father’s business. He appears to have been surprised in April 1972 to receive a cheque for rent emanating from the appellant who apparently was occupying the premises and purported to be his sub-tenant. The respondent sued inter alia for possession. On the other hand, the appellant claimed that Dar’s business, together with the tenancy, had been transferred to her by Dar before …