JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (O’Kubasu, J., as he then was) delivered on 29th September 1998 whereby the superior court entered summary judgment for Kshs.1,630,899/15 with interest and costs against the appellant.
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.
The respondent averred in the plaint, inter alia, that it applied to the appellant sometime in 1982 for allocation of a plot at Baricho Township; that the appellant by a letter dated 19th October 1982 informed the respondent that the application had been approved; that the respondent relying on that informatio…