[2025] KEBPRT 175 (KLR)
The tribunal found that the tenant's application was not supported by any affidavit despite multiple opportunities and directions to file one. Citing binding precedent, the tribunal held that an application without a supporting affidavit is materially defective and cannot stand. The defect is not a mere technicality...
Source-derived case information.
- Citation
- [2025] KEBPRT 175 (KLR)
- Parties
- Applicant: Nancy Njeri Gatongo; Respondent: Judy Anyango George
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E1241 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Application
- Outcome
- application struck out with costs to the respondent
- Judges
- CN Mugambi
- Legal Topics
- Business Premises Rent, Striking Out Application, Supporting Affidavit Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Njeri Gatongo
Applicant
Judy Anyango George
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Application
Legal Issues
- 1 Whether an application filed without a supporting affidavit is competent before the tribunal.
- 2 Whether the tenant's application should be struck out for failure to comply with tribunal orders to file a supporting affidavit.
Ratio Decidendi
The tribunal found that the tenant's application was not supported by any affidavit despite multiple opportunities and directions to file one. Citing binding precedent, the tribunal held that an application without a supporting affidavit is materially defective and cannot stand. The defect is not a mere technicality but a substantive failure to comply with procedural rules, and as such, the application must be struck out. The tribunal accordingly struck out the application with costs to the respondent.
Court Disposition
application struck out with costs to the respondent
Orders
- The application dated 11.11.2024 is struck out.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
Gatongo v George (Tribunal Case E1241 of 2024) [2025] KEBPRT 175 (KLR) (Civ) (25 February 2025) (Ruling)
Neutral citation: [2025] KEBPRT 175 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case E1241 of 2024
CN Mugambi, Chair
February 25, 2025
Between
Nancy Njeri Gatongo
Tenant
and
Judy Anyango George
Landlord
Ruling
1. On 13. 11. 2024, the Applicant/Tenant was ordered to upload the supporting affidavit and serve the same together with the Application for mention on 26. 11. 2024.
2. On 8. 2.2025, the Tenant was again ordered to upload the Affidavit in support of her Application.
3. As at the date of writing this Ruling, the Tenant has not uploaded her affidavit in support of her Application.
4. The court in the case of; University of Nairobi v George Mabele Sifuna [2021] eKLR stated as follows in similar circumstances:“An Applicant seeking interlocutory orders even in an Appeal, one should file a notice of motion accompanied by a supporting affidavit stating the facts upon which the Application is relying upon. The Respondent has filed a chamber summons and without a supporting affidavit. An Application without a supporting affidavit lack in a material way. It is filed against the rules of the court and stands alone as unsupported. This is not a mere technicality that can be cured in any manner by the court. It has to suffer the obvious, being struck off for want of a supporting affidavit.”
5. In the instant circumstances, I do find that the Tenant’s Application is not supported by any affidavit and I consequently strike out the same with costs to the Respondent.
6. The Application dated 11. 11. 2024 is hereby struck out with costs to the Respondent.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF FEBRUARY, 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Ms. Ngina for the Respondent and in the absence of the Applicant