[2025] KEHC 7075 (KLR)
The court found that since no steps had been taken by the parties to prosecute or conclude the succession cause since 2023, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The court exercised its discretion to prevent undue delay and ensure judicial efficiency, holding...
Source-derived case information.
- Citation
- [2025] KEHC 7075 (KLR)
- Parties
- Applicant: Abbraham Chepkwony; Applicant: Richard Kipsang Chepkwony
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E026 of 2023
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed for want of prosecution.
- 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
Abbraham Chepkwony
Applicant
Richard Kipsang Chepkwony
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 since no steps had been taken by the parties to prosecute or conclude the succession cause since 2023, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The court exercised its discretion to prevent undue delay and ensure judicial efficiency, holding that prolonged inactivity justifies closure of the cause.
Court Disposition
Cause closed for want of prosecution.
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 Tabsabei W/O Bosek (Deceased) (Succession Cause E026 of 2023) [2025] KEHC 7075 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7075 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause E026 of 2023
JK Ng'arng'ar, J
May 29, 2025
IN THE MATTER OF THE ESTATE OF TABSABEI W/O BOSEK (DECEASED)
In the matter of
Abbraham Chepkwony
1st Petitioner
Richard Kipsang Chepkwony
2nd Petitioner
Ruling
1. Upon perusal of this succession cause, it is noted that the parties have not taken any step since 2023 to prosecute or conclude the matter.
2. Pursuant to section 76 (d) of the Law of Succession, Act, this cause is closed.
DATED THIS 29THDAY OF MAY, 2025…………………………………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURTBOMET