RULING
A. BACKGROUND
[1] In the main appeal cause, the appellant is contesting the Judgment of the Court of Appeal (Visram, Karanja and Azangalala, JJ.A.) dated 24 March 2017, which had affirmed the finding of the High Court, that the respondent did indeed act within its statutory powers, when it declined to approve the construction of 24 maisonnettes in a plot adjacent to Wilson Airport, in Nairobi.
[2] It had been the appellant’s intent to develop the said plot of his, L.R. No. 209/11444, held in leasehold of 99 years as from 1 July 1991. After commencing the construction process in 2007, the appellant in January 2008, sought the respondent’s approval, and notwithstanding refusal, he proceeded with construction, and even made arrangements with Kenya Commercial Bank, to sustain the same. This prompted the respondent to issue a cessation order on 30 September 2008, on the basis that the suit land fell within the protected zone of airport runway.
[3] The appellant, thereafter, initiated ju…