[2025] KEHC 7422 (KLR)
The court found that the parties had failed to take any steps to prosecute or conclude the succession cause for over one year. In accordance with 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 7422 (KLR)
- Parties
- Applicant: David Kiprono Arap Roroku
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 154 of 2015
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- cause closed for want of prosecution
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Procedure, Letters of Administration, Estate Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kiprono Arap Roroku
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. In accordance with 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
15 paragraphs
In re Esttae of Samwel Kiprorogu Tele (Deceased) (Succession Cause 154 of 2015) [2025] KEHC 7422 (KLR) (27 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7422 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 154 of 2015
JK Ng'arng'ar, J
May 27, 2025
IN THE MATTER OF THE ESTATE OF SAMWEL KIPROROGU TELE (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
David Kiprono Arap Roroku
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 27TH DAY OF MAY, 2025HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURTSiele/ Susan- Court Assistants