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