[2025] KEHC 7415 (KLR)
The court found that the parties had not taken 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, ensuring judicial resources are not expended on dormant matters.
Source-derived case information.
- Citation
- [2025] KEHC 7415 (KLR)
- Parties
- Applicant: Jeremiah Terer; Respondent: William Kipkemoi Koros; Respondent: William Langat
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 42 of 2016
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed due to inactivity.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Procedure, Letters of Administration, Case Closure, Inactivity of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Terer
Applicant
William Kipkemoi Koros
Respondent
William Langat
Respondent
Procedural Posture
Succession Cause / Ruling on Inactivity/closure
Legal Issues
- 1 Whether the succession cause should be closed due to inactivity by the parties for over one year.
Ratio Decidendi
The court found that the parties had not taken 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, ensuring judicial resources are not expended on dormant matters.
Court Disposition
Cause closed due to inactivity.
Orders
- This cause is closed pursuant to section 76(d) of the Law of Succession Act.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Chepkwony Arap Kpskei alias Ckepkwony A Koske (Deceased) (Succession Cause 42 of 2016) [2025] KEHC 7415 (KLR) (27 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7415 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 42 of 2016
JK Ng'arng'ar, J
May 27, 2025
IN THE MATTER OF THE ESTATE OF CHEPKWONY ARAP KPSKEI alias CHEPKWONY A KOSKE (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
Between
Jeremiah Terer
Petitioner
and
William Kipkemoi Koros
1st Respondent
William Langat
2nd Respondent
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 27TH DAY OF MAY, 2025. HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURTSiele/ Susan- Court Assistants