Bironga v Ndungu & 2 others (Civil Application E033 of 2022) [2023] KECA 613 (KLR) (26 May 2023) (Ruling)

Facts

Applicant purchased suit properties from Kwa Ndege Self-Help Group in 2002. National Social Security Fund (NSSF) took over the properties, claiming unlawful encroachment. Applicant submitted an application form for purchase but was evicted by respondents. Applicant filed suit against respondents and obtained a temporary injunction. First appellate court dismissed appeal, holding applicant did not fully comply with NSSF requirements.

Issues

1. Whether applicant’s intended appeal is arguable
2. Whether order sought to be stayed is arguable and justifiable

Reasoning

Applicant did not fully comply with NSSF requirements for sale of suit properties. First appellate court’s dismissal of appeal is final and cannot be stayed. Order sought is negative and cannot be executed.

Outcome

Application dismissed

Authorities cited