RULING OF THE COURT
The record before us shows, and it is not in dispute, that the applicant in this notice of motion dated 16th May 2007, Kenya Ports Authority, is the registered proprietor of two pieces of land namely L.R. Number 209/10477 and L.R. Number 209/10216 both in the City of Nairobi which are adjacent to each other. The properties are developed and are occupied by its staff. There is a boundary wall erected around the two properties. When the properties were allocated to the applicant, there were no road reserves or roads of access indicated or provided for in the title documents in respect of both pieces of land nor in the deed plans for the properties. Apparently, after the two properties were allocated and developed, some properties nearby were developed and the Commissioner of Lands appears to have made a decision that a 10 metre road of access be developed at the site. He wrote to the Chief Engineer Roads, Ministry of Roads and Public Works, a letter dated 22nd March 2…