[2025] KEHC 885 (KLR)
The court determined that since the parties had not taken any steps to prosecute or conclude the succession cause for over a year, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The inactivity justified the closure to prevent indefinite pendency of the proceedings.
Source-derived case information.
- Citation
- [2025] KEHC 885 (KLR)
- Parties
- Applicant: Esther Cherono Lasoi; Applicant: William Kimutai Tonui
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 159 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, Case Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Cherono Lasoi
Applicant
William Kimutai 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 determined that since the parties had not taken any steps to prosecute or conclude the succession cause for over a year, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The inactivity justified the closure to prevent indefinite pendency of the proceedings.
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 Kipsoi Arap Too alias Kiptonui Arap Manyibe alias Kipsoi Manyi Bei (Deceased) (Succession Cause 159 of 2015) [2025] KEHC 885 (KLR) (3 February 2025) (Ruling)
Neutral citation: [2025] KEHC 885 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 159 of 2015
JK Ng'arng'ar, J
February 3, 2025
IN THE MATTER OF THE ESTATE OF KIPSOI ARAP TOO ALIAS KIPTONUI ARAP MANYIBE ALIAS KIPSOI MANYI BEI (DECEASED)
In the matter of
Esther Cherono Lasoi
1st Petitioner
William Kimutai 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 3RDDAY OF FEBRUARY 2025…………………………………………………………………HON .JULIUS K.NG’ARNG’ARJUDGE