JUDGMENT OF THE COURT
Section 10 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Chapter 301 of the Laws of Kenya, hereinafter referred to as the Act, is in the following terms:
“10. Where a landlord has served a notice under section 4 of this Act on a tenant, and the tenant fails to notify the landlord within the appropriate time of his unwillingness to comply with such notice or to refer the matter to a Tribunal, then, subject to section 6 of this Acts, such notice shall have effect front he date therein specified to terminate the tenancy, or terminate or alter the terms and conditions thereof or rights or services enjoyed thereunder.”
At all material time, the respondent was the appellants’ monthly tenant of their godown/warehouse erected on their piece of land known as Sub-division No. 574 of Plot No. 316/4 of section No. v. Mainland North, Mombasa at a monthly rental of K. Shs.20,000/- payable quarterly in advance in each year. On 21st March, 1995 the app…