JUDGMENT OF THE COURT
Jacaranda Hotel Limited, the plaintiff in the suit and now the respondent, is a limited liability company incorporated in Kenya. It is the registered proprietor of two adjacent pieces of land known as Land Reference Numbers 209/8369 and 209/8370 situate at Westlands, Nairobi, upon which is erected a prestigious hotel, restaurants, bars and other assorted buildings and improvements to which we shall collectively hereinafter refer as "the suit premises". Wildlife Lodges Limited, the defendant in the suit and now the appellant, is also a limited liability company incorporated in Kenya.
By a Lease Agreement made on 26th March, 1997, the respondent demised the suit premises together with the fixtures, fittings, equipment, plant machinery and other chattels to the appellant for a term of ten years from 1st August, 1996 at the rents, terms, conditions and covenants contained in the said Lease Agreement.
The appellant covenanted, inter alia:
(a)"not to make any alterations o…