A man has narrated to the Court of Appeal how he spent Sh6 million in an attempt to recover Sh47,500 from his client.
Peter Kinyanjui, a mason, claimed that his client, Virginia Waithera, breached their contract forcing him to seek legal help.
He told the court that the cost has accumulated over 25 years he has been pursuing his client. He revealed that during this 25-year journey he has lost the case thrice and paid costs as well as jailed for threats.
Justices Agnes Murgor, William Ouko and Patrick Kiage did not believe his claim of the cost being 126 times the money he was demanding because he has never hired a lawyer to represent him.
“The amount of money the subject matter of this dispute may appear insignificant, Sh47,500, but the appellant, acting in person, has pursued it with the determination and gusto of the biblical Nehemiah, who, despite discouragement from others, rebuilt the walls of Jerusalem,” they stated.
The two met in Makongeni, Thika where they struck the deal. However, they disagreed on the quality of work forcing Waithera to sack Kinyanjui. He claims to have spent Sh67,500 in buying construction materials for Waithera but the money was never paid in totality.
“Despite losing the case and several applications in the subordinate court, he has, with resilience, climbed to this court through the High Court, seeking justice. With some exaggeration, he told us that he has spent Sh6,000,000 to date to recover the Sh47,500,” the judges observed in a ruling read on their behalf by Justice Kathurima M’Inoti.
Waithera denied the claims and accused Kinyanjui of consficating her title deed as a means of forcing her to pay the claimed cash. The court found guilty of violating court process and dismissed his appeal because he did not have proof of the transaction.