[2025] KEHC 826 (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 justified the closure of the proceedings to prevent indefinite pendency of...
Source-derived case information.
- Citation
- [2025] KEHC 826 (KLR)
- Parties
- Petitioner: Jackson Kipkoskei Cherorot
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 81 of 2015
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed due to inactivity.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Proceedings, Estate Administration, Case Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Kipkoskei Cherorot
Petitioner
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 justified the closure of the proceedings to prevent indefinite pendency of the case.
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
15 paragraphs
In re Estate of Maritim Arap Mibei (Deceased) (Succession Cause 81 of 2015) [2025] KEHC 826 (KLR) (27 January 2025) (Ruling)
Neutral citation: [2025] KEHC 826 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 81 of 2015
JK Ng'arng'ar, J
January 27, 2025
IN THE MATTER OF THE ESTATE OF MARITIM ARAP MIBEI (DECEASED)
In the matter of
Jackson Kipkoskei Cherorot
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 27TH DAY OF JANUARY 2025. ........................................................HON .JULIUS K.NG’ARNG’ARJUDGE OF THE HIGH COURT