JUDGMENT OF THE COURT
At the centre of this appeal is the property known as L.R No. 7741/350 the suit property situate in the suburb of Kitisuru within Nairobi City County. The suit property was excised out of a larger parcel of land known as LR No. 7741/34. Vide a Gazette Notice dated 21st March 1975, the Government of Kenya, signalled its intention of acquiring or repossessing the said property compulsorily amongst others for intended purpose of constructing a road linking Waiyaki Way to Red Hill Road in the Lower Kabete Area. The Government duly complied with the relevant provisions of section 75 of the repealed Constitution of Kenya and the Land Acquisition Act, and the property in effect reverted to the Government by way of compulsory acquisition. The property was later sub-divided into several parcels of land with the suit property being amongst them.
On 28th November 1994, the Nairobi City Council Engineer wrote to the Director of Physical Planning, Ministry of Lands and Housing,…