[2025] KEHC 7019 (KLR)
The court found that the parties had not taken 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, thereby bringing the proceedings to an end.
Source-derived case information.
- Citation
- [2025] KEHC 7019 (KLR)
- Parties
- Applicant: Richard Soi
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 5 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
Richard Soi
Applicant
Procedural Posture
Succession Cause / Ruling on Inactivity/closure
Legal Issues
- 1 Whether the succession cause should be closed due to inactivity for over one year.
Ratio Decidendi
The court found that the parties had not taken 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, thereby bringing the proceedings to an end.
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
15 paragraphs
In re Estate of Kiplangat Arap Kamoing (Deceased) (Succession Cause 5 of 2018) [2025] KEHC 7019 (KLR) (27 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7019 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 5 of 2018
JK Ng'arng'ar, J
May 27, 2025
IN THE MATTER OF THE ESTATE OF KIPLANGAT ARAP KAMOING (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
Richard Soi
Petitioner
Ruling
Date 27/5/2025Before Hon, J.K. Ng'arng'arSiele/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 27TH DAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT