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PATRICK THOITHI KANYUIRA
V.
KENYA AIRPORTS AUTHORITY

(2022) JELR 113350 (SC)

Supreme Court 17 Jun 2022 Kenya
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- The appellant, proprietor of land adjacent to Wilson Airport (LR No 209/11444), commenced development of 24 maisonettes after obtaining approval from the City Council of Nairobi, but without securing Kenya Airports Authority (KAA) approva

Case Details

Suit Number:PETITION 7 OF 2017
Judges:PM MWILU, DJ & VP MK IBRAHIM, SCJ SC WANJALA, SCJ N NDUNGU, SCJ W OUKO, SCJ

JUDGMENT

A. Introduction

  1. The appellant is aggrieved by the Judgment of the Court of Appeal (Visram, Karanja, & Azangalala, JJA) dated March 24, 2017, which had affirmed the finding of the High Court, that the respondent acted within its statutory powers, when it declined to approve the construction of 24 maisonettes by the appellant in a parcel of land adjacent to Wilson Airport, in Nairobi, and; that the respondent’s aforesaid decision did not amount to compulsory acquisition of the latter’s property to warrant compensation.

B. Factual Background

  1. The appellant is the registered proprietor of a parcel of land known as LR No 209/11444 (the suit property), adjacent to the Wilson Airport. He secured financing in the sum of Kshs 67,671,000.00 to develop some twenty-four (24) maisonettes on this property. No sooner had he commenced the construction than the respondent, in exercise of its powers under the Kenya Airports Authority (the KAA) Act issued a cessation order dated September 30, 2008, …

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