[2025] KEBPRT 302 (KLR)

[2025] KEBPRT 302 (KLR)

The Tribunal found that there was no suit on record capable of being revived or forming the basis for the applications dated 27/9/2024 and 25/4/2025, as all pleadings had previously been struck out for not being founded on a suit. The Tribunal held that the application to set aside the orders and revive the suit lacked merit because the applicant had failed to properly initiate proceedings in accordance with the law. The correct procedure would have been to file a fresh suit rather than seek to revive non-existent proceedings. Consequently, the application was dismissed for want of legal foundation.

Citation
[2025] KEBPRT 302 (KLR)
Parties
Applicant: Grace Gatende Andrew; Respondent: Joseph Gitonga
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Tribunal Case E041 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Orders and Revive Suit
Outcome
application dismissed
Judges
N Wahome, Joyce Murigi
Legal Topics
Setting Aside Orders, Revival of Suit, Striking Out Pleadings, Service of Process
Source Language
English
Civil Procedure Land and Property Setting Aside Orders Revival of Suit Striking Out Pleadings Service of Process

Case Brief

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Parties

Grace Gatende Andrew

Applicant

Joseph Gitonga

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Orders and Revive Suit

Legal Issues

  1. 1 Whether the application to set aside the orders issued on 7/4/2025 and to revive the suit is merited.
  2. 2 Whether the absence of a properly instituted suit precludes the court from granting the reliefs sought by the applicant.
  3. 3 Whether the pleadings previously struck out can be revived or require fresh proceedings.

Ratio Decidendi

The Tribunal found that there was no suit on record capable of being revived or forming the basis for the applications dated 27/9/2024 and 25/4/2025, as all pleadings had previously been struck out for not being founded on a suit. The Tribunal held that the application to set aside the orders and revive the suit lacked merit because the applicant had failed to properly initiate proceedings in accordance with the law. The correct procedure would have been to file a fresh suit rather than seek to revive non-existent proceedings. Consequently, the application was dismissed for want of legal foundation.

Court Disposition

application dismissed

Orders

  • The application dated 25/4/2025 is dismissed with no orders as to costs.