Winchester Ventures Kenya Co. Ltd v Pearl of Riverside Garden Limited & 2 others (Environment and Land Appeal E006 of 2023) [2024] KEELC 1611 (KLR) (20 March 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1611
- Citation
- [2024] KEELC 1611 (KLR)
- Decided
- 20 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from an earlier judgmentCoramEK WABWOTO
Holding
The court rules that the application for recusal is moot due to the court's transfer and issues orders for the appeal to be heard by another court.
Facts
Winchester Ventures Kenya Co. Ltd appealed against a judgment dismissing their appeal with costs. The 2nd Respondent sought the recusal of the court due to a perceived bias.
Issues
- Recusal of the court
- Award of costs
Reasoning
The court dismissed the application for recusal as it was based on mere apprehension and not actual bias. The court also ruled that the 2nd Respondent had not exercised its right to appeal.
Outcome
The appeal is remanded to another court.
Orders
- This Appeal shall be heard by another court.
- This matter shall be mentioned before the Presiding Judge, Environment and Planning Division on 15th April, 2024 for further directions.
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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