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Kenya Civil Aviation Authority & Kenya Airports Authority v. Timothy Nduvi Mutungi

(2017) JELR 100100 (CA)

Court of Appeal  •  Civil Appeal 6 of 2015 & 366 of 2014 (Consolidated)  •  10 Nov 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

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 1st and 2nd appellants. The genesis of the dispute started with a letter dated 2nd July, 2010 in which the respondent wrote to Kenya Civil Aviation Authority (1st appellant) seeking its consent/permission before he could commence construction on the suit premises. The 1st appellant in turn sought advice from the Kenya Airport Authority (2nd 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 11th April, 2011 the 1st appellant declined to issue the approval and reiterated the same reasons that the suit premises is within the …

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