Cheptoo & 8 others v National Social Security Fund (NSSF) & 2 others (Civil Appeal (Application) E943 of 2023) [2025] KECA 799 (KLR) (9 May 2025) (Ruling)

Facts

The applicants sued the respondents for a permanent injunction to prevent the respondents from processing or issuing title certificates to the suit property in favour of the 2nd respondent. The respondents opposed the claim and sought a declaration that they are the bona fide purchaser of the suit property.

Issues

1. Whether the applicants have an arguable appeal
2. Whether the appeal, if successful, would render the judgment nugatory

Reasoning

The applicants have no documents to support their claim for ownership of the suit property, and the 3rd respondent has conceded that she has no interest in the property. The applicants' appeal is not arguable and, if successful, would not render the judgment nugatory.

Outcome

The notice of motion for stay of execution is dismissed with costs.

Authorities cited