KENYA CIVIL AVIATION AUTHORITY & KENYA AIRPORTS AUTHORITY V. TIMOTHY NDUVI MUTUNGI

JUDGMENT OF THE COURT

[1] Two appeals were consolidated having emanated from the same judgment in High Court HC Misc. Application No. 105 of 2011 in which Timothy Nduvi Mutungi, (respondent) as the registered owner of Land Reference Number 25799/3 (suit premises) situated off Mombasa Road, sued the 1^st and 2^nd appellants. The genesis of the dispute started with a letter dated 2^nd July, 2010 in which the respondent wrote to Kenya Civil Aviation Authority (1^st appellant) seeking its consent/permission before he could commence construction on the suit premises. The 1^st appellant in turn sought advice from the Kenya Airport Authority (2^nd appellant) who stated that the suit premises fell within the approach funnel of the proposed second runway according to the Airport Master Plan and forms part of the JKIA land title. As a consequence and by a letter dated 11^th April, 2011 the 1^st appellant declined to issue the approval and reiterated the same reasons that the suit premises is within the …