<p class="ql-align-center">REPUBLIC OF KENYA</p><p class="ql-align-center">IN THE COURT OF APPEAL OF KENYA</p><p class="ql-align-center">AT NAIROBI</p><p class="ql-align-center">CIVIL APPEAL NO 85 OF 1985</p><p class="ql-align-center">MWANZO SHIRANDULA.....................APPELLANT</p><p class="ql-align-center">v.</p><p class="ql-align-center">MARKO MUKHWESO.....................RESPONDENT</p><p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">Cases</p><p class="ql-align-justify">1<em>. Harilal and Co v. Standard Lt</em>d [1967] EA 512</p><p class="ql-align-justify">March 19, 1987, Nyarangi, Platt and Gachuhi, JJA delivered the following Judgment.</p><p class="ql-align-justify">This is the plaintiff’s appeal from the judgment of Mrs Justice Aluoch on May 15, 1984 dismissing the plaintiff’s claim against the defendant for the sum of the Kshs 34,320.</p><p class="ql-align-justify">The plaintiff won a tender to supply to the Nairobi Area and in September 1976 he received a LPO NO D799849 dated November 1976 addressed to his firm. The plaintiff obliged, prepared an invoice and the goods ordered were supplied on November 4, 1976. The plaintiff’s firm supplied foodstuffs to various government departments and on receiving LOPs Vouchers were prepared and sent to various Ministries for payment. The plaintiff had supplied the prisons department for 40 years during which time, normally,…</p>