[2025] KEHC 7420 (KLR)
The court determined that since the parties had not taken any steps to prosecute or conclude the succession cause for over a year, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The inactivity demonstrated a lack of interest or diligence in pursuing the proceedings,...
Source-derived case information.
- Citation
- [2025] KEHC 7420 (KLR)
- Parties
- Applicant: Joel Kipyegon Chepkwony
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 70 of 2018
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed due to inactivity.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession Proceedings, Cause Closure, Inactivity of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Kipyegon 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 determined that since the parties had not taken any steps to prosecute or conclude the succession cause for over a year, it was appropriate to close the matter pursuant to section 76(d) of the Law of Succession Act. The inactivity demonstrated a lack of interest or diligence in pursuing the proceedings, justifying the closure of the cause.
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
14 paragraphs
In re Esttae of Tapkigen w/o Tele (Deceased) (Succession Cause 70 of 2018) [2025] KEHC 7420 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7420 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 70 of 2018
JK Ng'arng'ar, J
May 29, 2025
In the matter of
Joel Kipyegon Chepkwony
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 29TH DAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT