[2025] KEHC 7031 (KLR)
The court found that the parties had failed to take any steps to prosecute or conclude the succession cause for over a 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 tied up in dormant matters.
Source-derived case information.
- Citation
- [2025] KEHC 7031 (KLR)
- Parties
- Applicant: Damaris Kathira Korir
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 28 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 Procedure, Letters of Administration, Estate Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damaris Kathira Korir
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 a 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 tied up in dormant matters.
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 Kiprono arap Korir (Deceased) (Succession Cause 28 of 2018) [2025] KEHC 7031 (KLR) (26 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7031 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 28 of 2018
JK Ng'arng'ar, J
May 26, 2025
IN THE MATTER OF THE ESTATE OF JOSEPH KIPRONO ARAP KORIR (DECEASED)
AND
IN THE MATTER OF PETITION FOR LETTERS OF DMINISTRATION OF THE DECEASED ESTATE
In the matter of
Damaris Kathira Korir
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 26THDAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT