JUDGMENT OF HANCOX, J A
The first respondent in this appeal from the decision of Aragon, J dated the February 14, 1986, is, for the purposes of this appeal at least, the successor to the lessee of the property at plot No 416 of section 21 at Mombasa, which was leased for a term of ninety-nine years to Hira, the wife of Balwantray Karsanji Doshi, by an indenture dated September 25, 1956 by the present appellant Mnazi Estates Ltd.
The indenture contained the following clause:
“2(j) The lessee shall not transfer, assign or sub-let the demised premises or any part thereof without the written consent of the lessors which consent however shall not be unreasonably withheld the lessee being responsible for all costs incurred by the lessors for the preparation or approval of such consent to be endorsed on such transfer assignment or sub-letting. The lessee shall supply to the lessors a true copy of the instrument of such transfer, assignment or subletting and pay the fees of the lessors’ advocate…