JUDGMENT
The respondent filed suit against the appellant in Mombasa ELC Case No. 202 of 2018, averring that he was the appellant’s landlord under a lease over titles registered as LR 9288 Sec 1 MN and LR 9289 Sec 1 MN (CR27062 and 27063) for a period of 10 years effective 1st June 2014 paying a monthly rental of Kshs 150,000/= with a 5% annual increment. The respondent contended that the appellant had altered the structural state of the premises without his consent or authority by putting up additional structures within the property without due approval and sublet the premises to a third party, and further breached the terms of the lease by persistent failure to adhere to the terms thereof as to payment of rent.
The lease contained a Clause 10 that conferred upon the lessor a liberal right to terminate the tenancy and by virtue of Section 2 of the Landlord and Tenant (Shops, Hotels & Catering Establishments) Act Cap 301 Laws of Kenya, the tenancy was a controlled one within the meaning …