JUDGMENT
PLATT Ag JA
The High Court in Mombasa, held that the defendant owed shs 55,000 as rent to the plaintiff, and the defendant being aggrieved by that decision has appealed to this court.
The premises in question were a block of flats called the Cowrie Shell Apartments, in which there were some 12 flats. On April 1, 1977, the owner of the premises, a certain Mr Kahara, had entered into three agreements whereby the defendant company, WJ Blakeman Limited agreed to rent some 8 flats for different periods of time. Thus flats one, two and three were to be leased for six months; flats four and five for 12 months; and flats six, seven and eight for 36 months. The defendant should therefore have given up possession of flats one, two and three by October 1, 1977; flats four and five by April 1, 1978; while the defendant could continue in occupation of flats six, seven and eight up to April 1, 1980. But no leases were registered and the defendant held the flats from month to month at an agree…