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Ranford Holdings Company Limited v Kana (Environment and Land Case E584 of 2025) [2026] KEELC 1753 (KLR) (23 March 2026) (Ruling)

[2026] KEELC 1753 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1753
Citation
[2026] KEELC 1753 (KLR)
Decided
23 March 2026
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLand DisputePostureAppeal from a previous judgmentCoramMohammed N. Kullow
The court finds the suit not res judicata and denies the application for recusal.

Facts

The case involves land parcels 1870/1/620 and 1870/1/621, formerly 1870/1/451 and 1870/1/452, and a previous judgment in ELC 574 of 2017.

Issues

  • Whether the suit is res judicata to ELC 574 of 2017
  • Whether the judge should be recused from the case

Reasoning

The court determines that the parties in the previous case were not the same as those in the current case, and that the issues were not substantially the same. The court also finds no evidence of actual or perceived bias in the judge's decision.

Outcome

The application for recusal is denied.

Orders

  • The Notice of Motion dated 3/2/2026 is not merited in terms of prayers 1 and 2.
  • The judge will render a separate ruling on prayer No. 5 on Notice.

Authorities cited

Cases cited (8)
  • Civil Procedure Act
  • Judicial Service (Code of Conduct and Ethics) Regulations 2020
  • Porter v Magill (2002) 1 All ER 465
  • Jan Bonde Nielson v Herman Philipus Steyn & 2 others (2010) HCC COMM 332
  • R v David Makali and others (1995) C.A criminal application No Nai 4 and 5
  • R v Jackson Mwalulu & Others (2004) C.A. Civil Application NO Nai 310
  • Philip K. Tunoi & another v Judicial Service Commission & Another (2016) CA Civil Application NAI No. 6
  • Jasbir Rai and 3 Others v Tarlochan Singh Rai and 4 Others (2012) SCK Petition No. 4
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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