[2025] KEHC 7081 (KLR)
The court found that the parties had failed to take any step 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, as the law empowers the court to do so where there is want of...
Source-derived case information.
- Citation
- [2025] KEHC 7081 (KLR)
- Parties
- Applicant: Nelson Cheruiyot Bor
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 173 of 2015
- 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 Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Cheruiyot Bor
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 step 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, as the law empowers the court to do so where there is want of prosecution or lack of interest in proceeding with the matter.
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 Chelule Arap Telgutwa (Deceased) (Succession Cause 173 of 2015) [2025] KEHC 7081 (KLR) (27 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7081 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 173 of 2015
JK Ng'arng'ar, J
May 27, 2025
IN THE MATTER OF THE ESTATE OF CHELULE ARAP TELGUTWA (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
Nelson Cheruiyot Bor
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