[2025] KEHC 4191 (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 matter to an end in accordance with...
Source-derived case information.
- Citation
- [2025] KEHC 4191 (KLR)
- Parties
- Applicant: Christine Chesang Koros; Applicant: Esther Chepkorir Koros
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 26 of 2017
- 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
Christine Chesang Koros
Applicant
Esther Chepkorir Koros
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 matter to an end in accordance with statutory provisions.
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 Kipkoros Chumo (Deceased) (Succession Cause 26 of 2017) [2025] KEHC 4191 (KLR) (3 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4191 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 26 of 2017
JK Ng'arng'ar, J
April 3, 2025
IN THE MATTER OF THE ESTATE OF KIPKOROS CHUMO (DECEASED)
In the matter of
Christine Chesang Koros
1st Petitioner
Esther Chepkorir Koros
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 3RDDAY OF APRIL 2025…………………………………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT