1. The Motion, dated 2nd October 2025, seeks leave to appeal out of time and for stay of execution. Judgment was delivered on 30th August 2024. The application came on 2nd October 2025, roughly 1 year and 1 month thereafter.
2. The explanation given, for the delay, is that the Advocates for the applicant failed to respond to his inquiries. I have seen no evidence of that. No call logs. No letters or other correspondence. No explanation why applicant, in 1 year, did not visit the court registry, to peruse the court file.
3. The matter belongs to the party, not the Advocates handling it, and where there is no communication, for a while, from the Advocates, the party ought to take steps. Visit the Advocates, at their chambers. Write to them. Visit the court registry, to peruse the court file.
4. The explanation given, for the delay is not plausible. The Motion, dated 2nd October 2025, is without merit. I hereby dismiss it. The 1st respondent shall have the costs.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 9TH DAY OF FEBRUARY 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Thuku, instructed by SN Thuku & Associates, Advocate for the applicant.
Ms. Nabulindo, instructed by DK Nabulindo & Company, Advocates for the 1st respondent.
2. The explanation given, for the delay, is that the Advocates for the applicant failed to respond to his inquiries. I have seen no evidence of that. No call logs. No letters or other correspondence. No explanation why applicant, in 1 year, did not visit the court registry, to peruse the court file.
3. The matter belongs to the party, not the Advocates handling it, and where there is no communication, for a while, from the Advocates, the party ought to take steps. Visit the Advocates, at their chambers. Write to them. Visit the court registry, to peruse the court file.
4. The explanation given, for the delay is not plausible. The Motion, dated 2nd October 2025, is without merit. I hereby dismiss it. The 1st respondent shall have the costs.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 9TH DAY OF FEBRUARY 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Thuku, instructed by SN Thuku & Associates, Advocate for the applicant.
Ms. Nabulindo, instructed by DK Nabulindo & Company, Advocates for the 1st respondent.