[2025] KEHC 7041 (KLR)
The court determined that since the parties had not taken any steps to prosecute or conclude the succession cause for over one year, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The inactivity justified the closure of the proceedings to prevent indefinite pendency of...
Source-derived case information.
- Citation
- [2025] KEHC 7041 (KLR)
- Parties
- Applicant: Kipkorir Koipasoy
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 53 of 2018
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- cause closed for want of prosecution
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Procedure, Letters of Administration, Estate Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipkorir Koipasoy
Applicant
Procedural Posture
Succession Cause / Ruling on Inactivity/closure
Legal Issues
- 1 Whether the succession cause should be closed due to inactivity by the parties.
Ratio Decidendi
The court determined that since the parties had not taken any steps to prosecute or conclude the succession cause for over one year, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The inactivity justified the closure of the proceedings to prevent indefinite pendency of the estate administration process.
Court Disposition
cause closed for want of prosecution
Orders
- This succession cause is closed pursuant to section 76(d) of the Law of Succession Act.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Babala Arap Sitonik alias Koibosot Arap Sitonik (Deceased) (Succession Cause 53 of 2018) [2025] KEHC 7041 (KLR) (26 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7041 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 53 of 2018
JK Ng'arng'ar, J
May 26, 2025
IN THE MATTER OF THE ESTATE OF BABALA ARAP SITONIK ALIAS KOIBOSOT ARAP SITONIK (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF DMINISTRATION OF THE DECEASED ESTATE
In the matter of
Kipkorir Koipasoy
Petitioner
Ruling
1. Upon perusal of this succession cause, it is noted that the parties for over one year have not taken any step to prosecute or conclude the matter.
2. Pursuant to section 76 (d) of the Law of Succession, Act, this cause is closed.
DATED THIS 26TH DAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT