[2025] KEHC 7080 (KLR)
The court found that the parties had failed to take any steps to prosecute or conclude the succession cause for over a 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 7080 (KLR)
- Parties
- Applicant: Gladys Chepkoech; Applicant: David Kiprop Tonui
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 57 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gladys Chepkoech
Applicant
David Kiprop Tonui
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 a 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 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 Kipsiele Arap Ngerechi (Deceased) (Succession Cause 57 of 2018) [2025] KEHC 7080 (KLR) (26 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7080 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 57 of 2018
JK Ng'arng'ar, J
May 26, 2025
IN THE MATTER OF THE ESTATE OF KIPSIELE ARAP NGERECHI (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
Gladys Chepkoech
1st Petitioner
David Kiprop Tonui
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 26TH DAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT