[2025] KEHC 7417 (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 7417 (KLR)
- Parties
- Applicant: Joseph Kiprono Cheruiyot; Applicant: Benard Kipngetich Cheruiyot
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 54 of 2017
- Procedural Posture
- Succession Cause / Ruling on Inactivity and Closure
- Outcome
- Cause closed due to inactivity.
- 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
Joseph Kiprono Cheruiyot
Applicant
Benard Kipngetich Cheruiyot
Applicant
Procedural Posture
Succession Cause / Ruling on Inactivity and 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 due to inactivity.
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
17 paragraphs
In re EState of Chelule Arap Bore (Deceased) (Succession Cause 54 of 2017) [2025] KEHC 7417 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7417 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 54 of 2017
JK Ng'arng'ar, J
May 29, 2025
IN THE MATTER OF THE ESTATE OF CHELULE ARAP BORE (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
Joseph Kiprono Cheruiyot
1st Petitioner
Benard Kipngetich Cheruiyot
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 29TH DAY OF MAY, 2025HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURTSiele/Susan- Court Assistants