RULING OF THE COURT
The applicants petitioned the High Court to declare that,
i) the respondents have violated the applicants' right to property under Article 40 (1) and (3) of the Constitution,
ii) the respondents have committed trespass to the applicants' land.
They also sought that the respondents be restrained by a permanent injunction from permitting the Eastern Bypass, Mombasa Road – North Airport Road, to pass across the applicants' parcel of land, L.R. No. 209/12052 (the suit property) or from interfering with the suit property.
The respondents for their part have maintained that the suit property was, since the 1980's, set apart as a buffer zone for Mombasa Road and as such was not available for private development; that its allocation to the original title holder (Bach Industries Co. Ltd) and subsequent transfer to the applicants was illegal and contrary to public policy. For this reason, the 6th respondent caused the revocation of the title by Gazatte Notice No. 9230 of 29th Jul…