JUDGMENT OF THE COURT
The appellant company, Noorlands Limited , is the defendant in Civil suit Number 155 of 1999, filed by the respondent in the High Court of Kenya at Mombasa. By its plaint dated 2nd January, 1999, the appellant averred that it is the owner of all that piece of land known as Mombasa/Mainland South/Block 1/34, Likoni, "the suit property" , and, that the respondent is its tenant at a monthly rental of Shs. 3,500/=. By a notice to quit dated 24th February, 1997, the appellant had duly terminated the tenancy but the respondent had wrongly held over. It therefore claims vacant possession of the suit premises, arrears of rent and mesneT hper orfeistpso nidne ntth ef isluemd oaf wSrhist.t5e3n5 ,5s0t0a/t=e.ment of defence and a counterclaim. In it the respondent pleaded that the appellant had offered to sell to him the suit property at an agreed price and which sum he had deposited with his named counsel. However, the purchase price and the amount of the deposit were not di…