[2025] KEHC 833 (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, thereby bringing the proceedings to an end.
Source-derived case information.
- Citation
- [2025] KEHC 833 (KLR)
- Parties
- Applicant: Loice Cherono Langat; Applicant: Aaron Cheruiyot Kirui
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 4 of 2016
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed for want of prosecution.
- 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
Loice Cherono Langat
Applicant
Aaron Cheruiyot 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 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, thereby bringing the proceedings to an end.
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 William Kipkirui Langat (Deceased) (Succession Cause 4 of 2016) [2025] KEHC 833 (KLR) (3 February 2025) (Ruling)
Neutral citation: [2025] KEHC 833 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 4 of 2016
JK Ng'arng'ar, J
February 3, 2025
IN THE MATTER OF THE ESTATE OF WILLIAM KIPKIRUI LANGAT (DECEASED)
In the matter of
Loice Cherono Langat
1st Petitioner
Aaron Cheruiyot 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 3RD DAY OF FEBRUARY 2025HON. JULIUS K. NG’ARNG’ARJUDGESiele - Court Assistant