<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This is an appeal from the judgment of the superior court (O’Kubasu, J., as he then was) delivered on 29^th September 1998 whereby the superior court entered summary judgment for Kshs.1,630,899/15 with interest and costs against the appellant.</p><p>In December 1991, the respondent herein filed a suit against the appellant claiming Shs.1,630,899/15 being the Architect’s, Quantity surveyor’s, structural engineer’s, electrical engineer’s fees and other expenses in respect of the proposed development of a plot at Baricho Market Kirinyaga which the appellant had allocated to the respondent and which plot did not belong to the appellant as the respondent later discovered.</p><p>The respondent averred in the plaint, <em>inter alia</em>, that it applied to the appellant sometime in 1982 for allocation of a plot at Baricho Township; that the appellant by a letter dated 19^th October 1982 informed the respondent that the application had been approved; that the respondent relying on that informatio…</p>