Limiation — Public Officers' Protection Ordinance, Cap. 63, section 2 (a) — Appeal from declaration by Principal Immigration Officer — Appeal filed more than six months after declaration —Whether appeal time-barred.
Case summary
The appellant was declared by the Principal Immigration Officer to be a prohibited immigrant, under section 5 (1) (Ii) of the Immigration (Control) Ordinance, 148. Against this declaration he appealed to the Resident Magistrate, Nairobi who without deciding the appeal on its merits dismissed it on the ground that it was time-barred by the limitation period of six months contained in section (2) (a) of the Public Officers' Protection Ordinance, Cap. 63. Against that decision the appellant appealed, by way of second appeal, to the Supreme Court on the ground that the magistrate had erred in holding that the Ordinance applied so as to preclude the magistrate from hearing the first appeal on its merits.
Held (3-5-55):
The word "appeal" is not included in the words "action, prosecution or proceeding" in Section 2 (a) of the Public Officers' Protection Ordinance, Cap. 63, which words cannot be extended to embrace an "appeal". The resident magistrate had erred in deciding that the application was time-barred by the Ordinance merely because it had been tiled more than six months after the date of the declaration by the Principal Immigration Officer.
Semble: Article 14 of the Second Schedule to the Indian Limitation Act, 1877 (as saved by the Limitation - Ordinance, Cap. 11), which, expressly, legislates for appeals to be within the limitation period of one year, might apply to the appeal. Appeal remitted to the lower ccurt with a direction that, in the event of the appeal not being found time-barred by the Act it was to be heard and decided on the merits. Bhandari for the appellant.
Webber, Crown Counsel, for the Principal Immigration Officer.
