Gatongo v George [2025] KEBPRT 175 (KLR)

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