JUDGMENT OF THE COURT
Evanson Njiri Wanjihia (the respondent) successfully applied for dealership of Caltex Petrol Station located on Waiyaki Way, Nairobi sometime in 1991. By a letter dated 29th October 1991, Caltex Oil (Kenya) Limited (the appellant) offered him the dealership originally on probation basis for a period of six (6) months. The respondent accepted the terms of the offer and signed the same on 30th October, 1991. He complied with the terms of the offer and furnished the appellant with the name of the Petrol station and deposited the Ksh.1, 000,000 as required. According to the respondent, he was not given the other conditions immediately as the highway next to the petrol station was being constructed and it would have been unrealistic to impose any conditions then. The terms and conditions of the dealership were spelt out later in a letter dated 16th December, 1992. He accepted the terms and signed the letter on 22nd January 1993.
However, on 3rd August, 1993, the appella…