[2025] KEHC 7024 (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, which empowers the court to close a cause where there has been undue delay or lack of prosecution, the court exercised its discretion...
Source-derived case information.
- Citation
- [2025] KEHC 7024 (KLR)
- Parties
- Applicant: Alice Chepchirchir Langat; Applicant: Benard Kiprotich Bett
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 42 of 2018
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed for want of prosecution.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession, Letters of Administration, Estate 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
Alice Chepchirchir Langat
Applicant
Benard 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 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, which empowers the court to close a cause where there has been undue delay or lack of prosecution, the court exercised its discretion to close the matter. The closure was based on the principle that litigation must be conducted with diligence and that the court's process should not be abused by inaction.
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
17 paragraphs
In re Estate of Joseph Kibet Langat (Deceased) (Succession Cause 42 of 2018) [2025] KEHC 7024 (KLR) (26 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7024 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 42 of 2018
JK Ng'arng'ar, J
May 26, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH KIBET LANGAT (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF DMINISTRATION OF THE DECEASED ESTATE
In the matter of
Alice Chepchirchir Langat
1st Petitioner
Benard Kiprotich Bett
2nd Petitioner
Ruling
Date 26/5/2025Before Hon. J.K. Ng'arng'ar...JudgeSiele/Susan- Court Assistants 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 26THDAY OF MAY, 2025HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT