[2025] KEHC 6929 (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, thereby bringing the proceedings to an end.
Source-derived case information.
- Citation
- [2025] KEHC 6929 (KLR)
- Parties
- Applicant: Rusi Chepngetich Busienei; Applicant: Joy Chepkemoi
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 46 of 2017
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed due to inactivity.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession, Letters of Administration, Estate Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rusi Chepngetich Busienei
Applicant
Joy 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 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, thereby bringing the proceedings to an end.
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
18 paragraphs
In re Estate of Stephen Kipkorir Busienei (Deceased) (Succession Cause 46 of 2017) [2025] KEHC 6929 (KLR) (26 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6929 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 46 of 2017
JK Ng'arng'ar, J
May 26, 2025
IN THE MATTER OF THE ESTATE OF STEPHEN KIPKORIR BUSIENEI (DECEASED)
AND IN THE MATTER OF PETITION FOR LETTERS OF DMINISTRATION OF THE DECEASED ESTATE
In the matter of
Rusi Chepngetich Busienei
1st Petitioner
Joy 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 26THDAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT