Talam v Barngetuny (Environment & Land Case 121 of 2021) [2023] KEELC 17486 (KLR) (18 May 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 17486
- Citation
- [2023] KEELC 17486 (KLR)
- Decided
- 18 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRecusal MotionPostureRecusal Motion DismissedCoramHon. Justice M. N. Mwanyale
Holding
The application for recusal is dismissed as the Court did not act with bias towards the Defendant.
Facts
The Plaintiff claims adverse possession of 6.4 acres, alleging entry in 1969. The Defendant disputes this, citing a 1993 judgment and the limitation of actions act.
Issues
- Recusal of Judge Hon. Justice M. N. Mwanyale
- Adverse Possession Claim
Reasoning
The Court found that the recusal application was not supported by valid reasons and that the Court's actions were not prejudicial. The Court cited previous cases to support its decision.
Outcome
Application dismissed
Orders
- Recusal application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act
- Judicial Service (Code of Conduct and Ethics) Regulations (2020)
- Limitation of Actions Act
Cases cited (6)
- Kombo vs Attorney General
- Salasio Mati Mwirichia vs Fredrick Mugambi
- Alvin Mbae & 2 others vs Kinyua Muketha
- Uhuru Highway Development Limited vs Central Bank of Kenya
- Galaxy Paints Company Limited vs Talion Guards Limited
- Tuff Bitumen Limited vs SBM Kenya Limited
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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