[2025] KEHC 7040 (KLR)
The court determined 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 ensuring judicial efficiency and preventing...
Source-derived case information.
- Citation
- [2025] KEHC 7040 (KLR)
- Parties
- Applicant: David Kimutai Terer; Applicant: Samwel Kiprotich Bett
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 63 of 2018
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed due to inactivity.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Procedure, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kimutai Terer
Applicant
Samwel Kiprotich Bett
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 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 ensuring judicial efficiency and preventing indefinite pendency of succession matters.
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 Edinah Chelangat Ngetich (Deceased) (Succession Cause 63 of 2018) [2025] KEHC 7040 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7040 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 63 of 2018
JK Ng'arng'ar, J
May 29, 2025
IN THE MATTER OF THE ESTATE OF EDINAH CHELANGAT NGETICH (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
David Kimutai Terer
1st Petitioner
Samwel Kiprotich Bett
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 29THDAY OF MAY, 2025HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT