JUDGMENT
The appellant, a limited liability company, brought an action in the High Court against the respondent claiming vacant possession of a house on certain agricultural land and mesne profits. By an agreement between the parties entered into in April 1972, the appellant agreed to lease the house to the respondent at a monthly rental of Shs 800 “provided the [respondent] used the house for residential purposes only”. It was alleged in paragraph 5, 6 and 7 of the plaint as follows:
5. In breach of the said agreement the [respondent] used the said house for business, namely the entertainment of tourists.
6. No consent required under section 6 of the Land Control Act has been given to the transaction.
7. No consent has been obtained under the Land Control Act and the [respondent’s] tenancy is therefore illegal and void.
A written statement of defence was filed by the respondent but certain defences, not relevant to this appeal, were struck out; and as a result the appellant obtained summa…