Andrew v Gitonga [2025] KEBPRT 302 (KLR)

Andrew v Gitonga (Tribunal Case E041 of 2024) [2025] KEBPRT 302 (KLR) (22 May 2025) (Ruling)

Neutral citation: [2025] KEBPRT 302 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E041 of 2024

N Wahome, Chair & Joyce Murigi, Member

May 22, 2025

Between

Grace Gatende Andrew

Landlord

and

Joseph Gitonga

Tenant

Ruling

1. This Ruling is on the Landlady/Applicants Application dated 25th April 2025. It is said to be brought under order 24 Rule 4 and Order 51 Rule 1 of the Civil Procedure Rules, 2010 Sections 1, 1A, B, 63C and 100 of the Civil Procedure Act, Cap. 21 Laws of Kenya.

2. The Landlady/applicant sought for the following reliefs-,i.Spentii.That the court to set aside the orders issued on 7/4/2025 vide a Ruling by Hon. James Ndegwa and Hon. Joyce Murigi and reinstate the matter herein for determination on merits.iii.That an order directing fresh service of Form c to the Respondent and leave for him to put in his response if need be, for determination and hearing of the Application filed on the 27/9/2024. iv.That the Honourable court do issue an order recognizing effective service and approve for determination of the application dated the 27/9/2024 since the said application had been responded to by the Respondents vide replying affidavit sworn on the 3/2/2025 and submissions filed on the same.v.That this Honourable court be pleased to issue an order reviving this suit.vi.That an order directing that the application be given fresh dates for Ruling of the application dated 27/9/2024.

3. From the record, it appears that the Tenant was served with the present application but there are no responses filed. The landlady proceeded to argue the application on the 14/5/2025 through her counsel Mr. Thiruaine and this matter was reserved for Ruling.

4. At the outset, we doubt that the provisions of the law cited by the landlady are helpful to her cause for justice in view of the Ruling of this court that was delivered on the 17/4/2025. That Ruling was to the effect that the landlord had not filed from C when initiating the present suit and that she had also failed to comply with categorical directions of this court.

5. In essence, there is no known suit that has ever been on record herein to be revived or on which the Applications dated 27/9/2024 and 25/4/2025 can be founded on to attract a determination from this court as requested by the Landlady.

6. We do appreciate that by the Ruling dated 17/4/2025, this court struck out all the pleadings on record for the reason that the same were not founded on a suit. In our view, this was not a dismissal of the suit nor the proceedings thereof and what the landlady was required to do is to initiate fresh and proper proceedings if she so wished.

7. In our view therefore, the application dated 25/4/2025 has no foundation in law and therefore lacks any merit and we proceed to dismiss the same.

8. The Tenant has not participated in these proceeding and we therefore make no orders on costs.

9. In the final analysis, the orders that commend to us are the following:-i.That the application dated 25/4/2025 is dismissed with no orders as to costs.

RULING DATED SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 22ND DAY OF MAY 2025. HON. NDEGWA WAHOME, MBS, HON. JOYCE MURIGI,PANEL CHAIRPERSON, MEMBER,BUSINESS PREMISES RENT TRIBUNAL. BPRT.Ruling delivered in the presence of Mr. Thuraine for the Landlady/Applicant and in the absence of Tenant/Respondent.HON. NDEGWA WAHOME, MBS, HON. JOYCE MURIGI,PANEL CHAIRPERSON, MEMBER,BUSINESS PREMISES RENT TRIBUNAL. BPRT.