PETER KINYANJUI V. VIRGINIA WAITHIRA MWANGI

JUDGMENT OF THE COURT

The amount of money the subject matter of this dispute may appear insignificant, Kshs.47,500, 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.

The appellant instituted the action for the first time in the subordinate court in Thika in 1993, claiming the aforesaid Kshs. 47,500, costs and interest for breach of contract. 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 Kshs. 6,000,000 to date to recover the Kshs. 47,500.

It is common factor that the appellant helped the respondent to acquire a parcel of land known as Plot. No. 556/97, Makongeni, Thika and thereafter offered to supervise the construction of a house on it. At some point, the two disagreed on the quality of w…