[2025] KEHC 4072 (KLR)
The court determined that, since the parties had not taken any steps 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 closure is an administrative action to prevent indefinite pendency of cases where...
Source-derived case information.
- Citation
- [2025] KEHC 4072 (KLR)
- Parties
- Applicant: Marselina Chepkorir Kirui; Applicant: Anna Chelangat Kirui
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 71 of 2016
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed due to inactivity.
- 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
Marselina Chepkorir Kirui
Applicant
Anna Chelangat Kirui
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 one year, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The closure is an administrative action to prevent indefinite pendency of cases where parties have shown no interest in proceeding.
Court Disposition
Cause closed due to inactivity.
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 Philip Cheruiyot Kirui (Deceased) (Succession Cause 71 of 2016) [2025] KEHC 4072 (KLR) (2 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4072 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 71 of 2016
JK Ng'arng'ar, J
April 2, 2025
IN THE MATTER OF THE ESTATE OF PHILIP CHERUIYOT KIRUI (DECEASED)
In the matter of
Marselina Chepkorir Kirui
1st Petitioner
Anna Chelangat Kirui
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 2ND DAY OF APRIL, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT