The wailing of a man forced a judge to bring forward the hearing his Sh150million land case by seven months.
Mr Justice Samson Okong’o, who was emotionally touched by the condition of Mr Francis Muturi, directed the case be heard on March 30 instead of October 2 this year.
Mr Muturi decided to address the court, even though he is represented by lawyer William Arusei.
“My Lord I do not know whether I will live upto to October 2, 2017. I have a heart condition and nervous disorder, I urgently needs over Sh4million to travel to India for specialised treatment as recommended by doctors at the Kenyatta National Hospital and Karen Hospital respectively,” he told the judge
Mr Muturi told the court that the businessmen he has sued, Hitesh Morjaria and Vijay Morjaria breached the sale agreement they signed in October 5, 2012 to purchase his land on Mombasa Road at Sh45million.
They were required to complete purchasing the land within 90 days upon posting 10 per cent down payment.
“I do not want to engage with them any further. Its four years now when they paid me 10 per cent of the sale amount then they disappeared. They have breached the sale agreement. They fraudulently transferred the title deed of my land into their names and begun frustrating me,” he said.
Mr Muturi, who walks with the aide of crutches has a neck brace and said the land is now valued at Sh150 million.
“See your client now he wants me to intervene for him and he deserves it,” Justice Okong’o told Mr Arusei who is the third advocate to come on record for plaintiffs, Muturi and Mr Kennedy Ng’ang’a Maranga.
The two are asking the court to cancel the title deed issued to Hitesh and Vijay irregularly by the registrar of titles since they breached the sale agreement.
Lawyer Joshua Nyawara for the businessmen told the judge that his clients are willing and ready to pay the balance demanded by the plaintiff.