Bashy African Credit Limited v Catherine Machuma Waswa & 3 others

Bashy African Credit Limited v Waswa & 3 others (Miscellaneous Application E080 of 2025) [2026] KEHC 1798 (KLR) (9 February 2026) (Ruling) Neutral citation: [2026] KEHC 1798 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA MISCELLANEOUS APPLICATION E080 OF 2025 WM MUSYOKA, J FEBRUARY 9, 2026 BETWEEN BASHY AFRICAN CREDIT LIMITED ................................................. APPLICANT AND CATHERINE MACHUMA WASWA ........................................... 1ST RESPONDENT SAMUEL OLUOCH OTIENO ..................................................... 2ND RESPONDENT DAVID OLUOCH OTHACH ....................................................... 3RD RESPONDENT CAREBASE INVESTMENT AUCTIONEERS ........................... 4TH RESPONDENT RULING 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 enquiries. 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1798/eng@2026-02-09 1

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