[2025] KEHC 6935 (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.
Source-derived case information.
- Citation
- [2025] KEHC 6935 (KLR)
- Parties
- Applicant: Rodah Chepwogen Ngerechi; Applicant: Edna Chebet Ngerechi; Applicant: Cheruiyot Ngeno
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E026 of 2021
- 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 Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodah Chepwogen Ngerechi
Applicant
Edna Chebet Ngerechi
Applicant
Cheruiyot Ngeno
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 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.
Court Disposition
Cause closed for want of prosecution.
Orders
- This cause is closed pursuant to section 76(d) of the Law of Succession Act.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Edward Kipngeno Ngerechi alias Edward arap Ngerechi alias Edward Kipngeno A Ngerechi (Deceased) (Succession Cause E026 of 2021) [2025] KEHC 6935 (KLR) (28 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6935 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause E026 of 2021
JK Ng'arng'ar, J
May 28, 2025
IN THE MATTER OF THE ESTATE OF EDWARD KIPNGENO NGERECHI alias EDWARD ARAP NGERECHI alias EDWARD KIPNGENO A. NGERECHI (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
Rodah Chepwogen Ngerechi
1st Petitioner
Edna Chebet Ngerechi
2nd Petitioner
Cheruiyot Ngeno
3rd 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 28TH DAY OF MAY, 2025. ..............................................HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT