[2025] KEHC 7044 (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.
Source-derived case information.
- Citation
- [2025] KEHC 7044 (KLR)
- Parties
- Applicant: Wilson Kipkemoi Laboso
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 25 of 2018
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- cause closed due to inactivity
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Proceedings, Cause Closure, Inactivity of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Kipkemoi Laboso
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.
Court Disposition
cause closed due to inactivity
Orders
- This cause is closed pursuant to section 76(d) of the Law of Succession Act.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Kipngeny Arap Togos alias Kipngeny Togos (Deceased) (Succession Cause 25 of 2018) [2025] KEHC 7044 (KLR) (26 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7044 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 25 of 2018
JK Ng'arng'ar, J
May 26, 2025
In the matter of
Wilson Kipkemoi Laboso
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 26TH DAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT