[2025] KEHC 786 (KLR)
The court determined that since the parties had not taken any steps 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 of the proceedings to prevent indefinite pendency of...
Source-derived case information.
- Citation
- [2025] KEHC 786 (KLR)
- Parties
- Applicant: Esther G Koech; Applicant: Elizabeth Chepkirui
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 27 of 2016
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed for want of prosecution.
- 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
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Parties
Esther G Koech
Applicant
Elizabeth Chepkirui
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 steps 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 of the proceedings to prevent indefinite pendency of the case.
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
17 paragraphs
In re Estate of Kipkoech arap Segem and Tapyobii Tamiron (Deceased) (Succession Cause 27 of 2016) [2025] KEHC 786 (KLR) (3 February 2025) (Ruling)
Neutral citation: [2025] KEHC 786 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 27 of 2016
JK Ng'arng'ar, J
February 3, 2025
IN THE MATTER OF THE ESTATE OF KIPKOECH ARAP SEGEM AND TAPYOBII TAMIRON (DECEASED)
In the matter of
Esther G Koech
1st Petitioner
Elizabeth Chepkirui
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 3RD DAY OF FEBRUARY 2025HON. JULIUS K.NG’ARNG’ARJUDGESiele- Court Assistant