[2025] KEHC 7412 (KLR)
The court found that the parties had failed to take any steps to prosecute or conclude the succession cause for over one year. Pursuant to section 76(d) of the Law of Succession Act, the court exercised its discretion to close the cause due to inactivity, thereby bringing the proceedings to an end without further...
Source-derived case information.
- Citation
- [2025] KEHC 7412 (KLR)
- Parties
- Applicant: William K. Kileges; Applicant: Julius K. Chesimet
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 32 of 2017
- 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
William K. Kileges
Applicant
Julius K. Chesimet
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 found that the parties had failed to take any steps to prosecute or conclude the succession cause for over one year. Pursuant to section 76(d) of the Law of Succession Act, the court exercised its discretion to close the cause due to inactivity, thereby bringing the proceedings to an end without further orders on administration of the estate.
Court Disposition
Cause closed for want of prosecution.
Orders
- This cause is closed pursuant to section 76(d) of the Law of Succession Act.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Chebusit Arap Rono (Deceased) (Succession Cause 32 of 2017) [2025] KEHC 7412 (KLR) (27 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7412 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 32 of 2017
JK Ng'arng'ar, J
May 27, 2025
IN THE MATTER OF THE ESTATE OF CHEBUSIT ARAP RONO (DECEASED)
AND
IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
William K. Kileges
1st Petitioner
Julius K. Chesimet
2nd 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 27THDAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT