PATRICK THOITHI KANYUIRA V. KENYA AIRPORTS AUTHORITY

JUDGMENT OF THE COURT

[1] Patrick Thoithi Kanyuira, (the appellant), is the registered owner of property known as LR No. 209/11444 measuring approximately 1.1 acres (hereinafter referred to as the suit property). The suit property is located approximately 400 meters from the Wilson Airport which is run and managed by Kenya Ports Authority, (the respondent herein). A brief summary of the circumstances surrounding this matter is as follows:-

[2] Sometimes in the year 2007, he sought to construct 24 residential maisonettes on the suit property with the intention of offering them for sale to interested purchasers. He also secured a loan from Kenya Commercial Bank Limited through its Savings and Loans Limited subsidiary in form of bridging finance in the sum of Shs.67,671,000/=.

[3] By a letter dated 30^th September 2008, which was a culmination of several other correspondence and verbal communication between the appellant and the respondent, the respondent, through its managing director, dema…