JUDGMENT OF THE COURT
By a notice to terminate tenancy dated 2nd March, 2010, the respondent as the landlord informed the appellants as tenants of its intention to terminate a controlled tenancy subsisting between them in respect of premises christened ‘Manyara Building’, which sits on Plot no. Mombasa/ Block 1/ 351. The notice was given pursuant to the provisions of Section 4 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (“The Act”). The reason given for the intended termination was the appellants’ continued non-payment of rent wherever it became due and payable. The appellants protested the notice by filing a letter of objection, dated 9th March, 2010 addressed to the respondent. However, beyond this objection, the appellants took no other steps for instance by filing a reference to forestall termination of the tenancy. In fact, it is common ground that no reference was filed in the Business Premises Rent Tribunal (“the Tribunal”) by the appellants as by …