JUDGMENT
Potter JA This is an appeal from a judgment of Sachdeva J given summarily under order XXXV of the Civil Procedure Rules, in which the respondent as plaintiff landlord was awarded possession of the suit premises and other relief against the appellant as defendant tenant. The suit premises are a shop in Clyde House, Kimathi Street, Nairobi, and it is common ground that the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (cap 301) (herein referred to as “the Act”) applies. The learned judge gave judgment for the respondent landlord on the footing that there was no “controlled tenancy” of the suit premises within the meaning of section 2(1) of the Act. The main question before this court is whether the pleadings and affidavits disclose a bona fide triable issue or issues as to whether or not the tenancy was a “controlled tenancy.”
A tenancy agreement was drawn up on a printed form and signed by the appellant as tenant on February 17, 1976. The suit premises and …