[2025] KEHC 1125 (KLR)
The court determined that since the parties had not taken any step 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 to prevent indefinite pendency of the case.
Source-derived case information.
- Citation
- [2025] KEHC 1125 (KLR)
- Parties
- Applicant: Winny Chebet Kurgat; Applicant: Nathan K. Kosgey
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 225 of 2015
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed due to inactivity.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Procedure, Estate Administration, Case Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Winny Chebet Kurgat
Applicant
Nathan K. Kosgey
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 step 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 to prevent indefinite pendency of the case.
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
17 paragraphs
In re Estate of David Kipsang Kurgat (Deceased) (Succession Cause 225 of 2015) [2025] KEHC 1125 (KLR) (4 March 2025) (Ruling)
Neutral citation: [2025] KEHC 1125 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 225 of 2015
JK Ng'arng'ar, J
March 4, 2025
IN THE MATTER OF THE ESTATE OF DAVID KIPSANG KURGAT (DECEASED)
In the matter of
Winny Chebet Kurgat
1st Petitioner
Nathan K. Kosgey
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 4TH DAY OF MARCH, 2025. .......................................................HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT