[2025] KEHC 1101 (KLR)
The court found that the parties had failed to take any steps 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, ensuring judicial resources are not expended on dormant matters.
Source-derived case information.
- Citation
- [2025] KEHC 1101 (KLR)
- Parties
- Applicant: Pauline Chepwogen Cherorei; Applicant: Maryline Chepkemoi
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 222 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
Pauline Chepwogen Cherorei
Applicant
Maryline Chepkemoi
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 steps 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, ensuring judicial resources are not expended on dormant matters.
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 Simeon Kipkorir Mibei (Deceased) (Succession Cause 222 of 2015) [2025] KEHC 1101 (KLR) (4 March 2025) (Ruling)
Neutral citation: [2025] KEHC 1101 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 222 of 2015
JK Ng'arng'ar, J
March 4, 2025
IN THE MATTER OF THE ESTATE OF SIMEON KIPKORIR MIBEI (DECEASED) AND PAULINE CHEPWOGEN CHEROREI ........................1ST PETITIONER MARYLINE CHEPKEMOI.........................................2ND PETITIONER
In the matter of
Pauline Chepwogen Cherorei
1st Petitioner
Maryline Chepkemoi
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 4TH DAY OF MARCH, 2025. …………………………………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT