Muthama & another v Curzon (a.k.a Paul Ludevit Vaclav Curzon)
The bottom line
#Kenya's Court of Appeal refused to extend time to appeal because the applicants lied under oath about when they learned of the judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the application for extension of time was inordinate and satisfactorily explained
The delay was inordinate and unexplained; the applicants' claim of ignorance of the judgment was contradicted by the record showing their advocate attended delivery, lodged a notice of appeal and obtained certified copies
The Court applied the settled principles in Leo Sila Mutiso v Rose Hellen Wangari Mwangi. It found the applicants' sworn statement that they only learned of the judgment in April 2022 irreconcilable with the respondent's unchallenged evidence that their advocate held brief at delivery, applied for certified copies, and lodged a notice of appeal on 30th November 2021. The advocate later ceased acting for lack of instructions. False depositions could not attract the Court's discretion.
Whether the applicants should be excused for their former advocate's failure to institute the appeal
No; the Court declined to exercise its discretion in favour of applicants whose application rested on unmitigated false depositions
While blameworthy conduct of an advocate can sometimes excuse delay, here the applicants' own account was demonstrably false: a notice of appeal had been lodged and certified copies obtained. The Court treated the false depositions as disqualifying rather than extending indulgence for the advocate's lapse.
Legal principles established
#- A plausible and satisfactory explanation for delay is the key that unlocks the Court's discretionary favour in extension-of-time applications
- An applicant for extension of time must explain the delay candidly; false depositions disentitle the applicant to the discretion of the Court
Court orders
#- 1.The application dated 22nd June 2022 seeking extension of time to lodge and serve a Notice of Appeal is dismissed
- 2.Costs of the application awarded to the respondent
- On appeal from
- Environment and Land Court of Kenya at Nairobi
- E.L.C. Suit No. 993 of 2016
- Jurisdiction invoked
- Inherent discretion of the Court of Appeal to extend time for filing a Notice of Appeal (Appellate Jurisdiction Act / Court of Appeal Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muthama & another v Curzon (a.k.a Paul Ludevit Vaclav Curzon)", Case Analysis (2022). Civil Application E213 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1004/eng@2022-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.