[2025] KEHC 4132 (KLR)
The court found that the parties had failed to take any step 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, as the continued pendency of the matter without action was...
Source-derived case information.
- Citation
- [2025] KEHC 4132 (KLR)
- Parties
- Applicant: Edna Chepkorir Ruto; Applicant: Ezekiel Kirui Korir
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 199 of 2015
- 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
Edna Chepkorir Ruto
Applicant
Ezekiel Kirui 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 step 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, as the continued pendency of the matter without action was unjustified.
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 Kipkorir arap Ruto (Deceased) (Succession Cause 199 of 2015) [2025] KEHC 4132 (KLR) (2 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4132 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 199 of 2015
JK Ng'arng'ar, J
April 2, 2025
IN THE MATTER OF THE ESTATE OF KIPKORIR ARAP RUTO (DECEASED)
In the matter of
Edna Chepkorir Ruto
1st Petitioner
Ezekiel Kirui Korir
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 2ND DAY OF APRIL, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT