[2025] KEHC 1111 (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, thereby bringing the matter to an end.
Source-derived case information.
- Citation
- [2025] KEHC 1111 (KLR)
- Parties
- Applicant: Hezekiah Kiplangat Yegon
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 13 of 2019
- 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 Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hezekiah Kiplangat Yegon
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, thereby bringing the matter 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
15 paragraphs
In re Estate of Kipsoi Korir (Deceased) (Succession Cause 13 of 2019) [2025] KEHC 1111 (KLR) (4 March 2025) (Ruling)
Neutral citation: [2025] KEHC 1111 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 13 of 2019
JK Ng'arng'ar, J
March 4, 2025
IN THE MATTER OF THE ESTATE OF KIPSOI KORIR (DECEASED)
In the matter of
Hezekiah Kiplangat Yegon
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 4TH DAY OF MARCH, 2025HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURTSiele/Susan- Court Assistants