[2025] KEHC 7038 (KLR)
The court determined that since the parties had not taken any step 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 amounted to an abuse of court process and justified the closure of the...
Source-derived case information.
- Citation
- [2025] KEHC 7038 (KLR)
- Parties
- Applicant: Joseph Kipyegon Langat; Applicant: Leah Chepkirui Mosonik
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 157 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, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kipyegon Langat
Applicant
Leah Chepkirui Mosonik
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 step 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 amounted to an abuse of court process and justified the closure of the cause to prevent unnecessary delay in the administration of justice.
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
19 paragraphs
In re Estate of Kiprono Arap Barchok (Deceased) (Succession Cause 157 of 2015) [2025] KEHC 7038 (KLR) (28 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7038 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 157 of 2015
JK Ng'arng'ar, J
May 28, 2025
IN THE MATTER OF THE ESTATE OF KIPRONO ARAP BARCHOK (DECEASED)
AND
IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
Joseph Kipyegon Langat
1st Petitioner
Leah Chepkirui Mosonik
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 28THDAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT