[2025] KEHC 6938 (KLR)

[2025] KEHC 6938 (KLR)

The court found that the parties had failed to take any steps to prosecute or conclude the succession cause for over a year. Pursuant to section 76(d) of the Law of Succession Act, the court exercised its discretion to close the cause due to inactivity, as no progress had been made and no party had moved the court...

Source-derived case information.

Citation
[2025] KEHC 6938 (KLR)
Parties
Applicant: Leah Chesang Koros; Respondent: Tecla Chepkemoi Koros
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Succession Cause 91 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, Cause Closure, Inactivity of Parties
Source Language
en
Family and Children Succession Procedure Cause Closure Inactivity of Parties

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Parties

Leah Chesang Koros

Applicant

Tecla Chepkemoi Koros

Respondent

Procedural Posture

Succession Cause / Ruling on Inactivity/closure

Legal Issues

  1. 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 steps to prosecute or conclude the succession cause for over a year. Pursuant to section 76(d) of the Law of Succession Act, the court exercised its discretion to close the cause due to inactivity, as no progress had been made and no party had moved the court for further orders or directions.

Court Disposition

Cause closed due to inactivity.

Orders

  • This succession cause is closed pursuant to section 76(d) of the Law of Succession Act.