[2025] KEHC 7429 (KLR)
The court found that since no steps had been taken by the parties to prosecute or conclude the succession cause since 2022, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The closure is a procedural consequence of prolonged inactivity, ensuring that dormant matters do...
Source-derived case information.
- Citation
- [2025] KEHC 7429 (KLR)
- Parties
- Applicant: Kipngetich Arap Bor; Applicant: Wesley Cheruiyot Bor
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E010 of 2022
- 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 Closure, Inactivity of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipngetich Arap Bor
Applicant
Wesley Cheruiyot Bor
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 2022, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The closure is a procedural consequence of prolonged inactivity, ensuring that dormant matters do not clog the court's docket.
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 Esttae of Kobor Boiwo (Deceased) (Succession Cause E010 of 2022) [2025] KEHC 7429 (KLR) (27 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7429 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause E010 of 2022
JK Ng'arng'ar, J
May 27, 2025
IN THE MATTER OF THE ESTATE OF KOBOR BOIWO (DECEASED)
In the matter of
Kipngetich Arap Bor
1st Petitioner
Wesley Cheruiyot Bor
2nd Petitioner
Ruling
1. Upon perusal of this succession cause, it is noted that the parties have not taken any step since 2022 to prosecute or conclude the matter.
2. Pursuant to section 76 (d) of the Law of Succession, Act, this cause is closed.
DATED THIS 27THDAY OF MAY, 2025…………………………………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURTBOMET