<p class="ql-align-center">JUDGMENT OF WAKI, J.A.</p><p>I have had the advantage of reading the draft judgment of my brother <em>O’kubasu, J.A.</em> I agree that the appeal is for dismissal on the issue of liability and I have nothing useful to add.</p><p>I also agree that the appellant shall bear the costs of the appeal.</p><p><em> Dated and delivered at Kisumu this 25</em><em>^th</em><em> day of April, 2008.</em></p><p><em>P.N.WAKI</em></p><p><em>.....................</em></p><p><em>JUDGE OF APPEAL</em></p><p><em> I certify that this is a true copy of the original.</em></p><p><em>DEPUTY REGISTRAR</em></p><p class="ql-align-center"><br></p><p class="ql-align-center">JUDGMENT OF O’KUBASU, J.A.</p><p>This is an appeal by the unsuccessful plaintiff from the judgment of the superior court (Waweru, J.) delivered on <em>27</em><em>^th</em><em> March, 2003</em> at Kakamega in which the learned Judge dismissed the appellant’s suit in that Court.</p><p>The appellant herein, <em>Hudson Kisala Lubanga</em>, sued the respondent <em>Associated Construction Co. Ltd. </em> in the High Court of Kenya at Kakamega vide <em>Civil Suit No. 133 of 1999</em>. The salient paragraphs of the plaint stated as follows:-</p><p><em>“3. The plaintiff was at all material times to this suit the leasehold owner of Kakame…</em></p>