[2025] KEHC 7077 (KLR)
The court found that the parties had not taken 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 7077 (KLR)
- Parties
- Applicant: Alice Chepkosgei
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 217 of 2015
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed due to inactivity.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Procedure, Case Closure, Inactivity of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Chepkosgei
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 not taken 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 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
14 paragraphs
In re Estate of Ngasura Makerer alias Magerer Arap Ngasura (Deceased) (Succession Cause 217 of 2015) [2025] KEHC 7077 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7077 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 217 of 2015
JK Ng'arng'ar, J
May 29, 2025
In the matter of
Alice Chepkosgei
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 29TH DAY OF MAY, 2025. ……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT