Wakilii

Ramji v Attorney General of Kenya (Civil Appeal No. 85 of 1954)

East African Court of Appeal · [1950] EACA 20 · 1950 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Supreme Court of Kenya decision refusing declaration of permanent residence
Decision
Appellant's claim for declaration of permanent residence refused; deportation order stands

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the appellant's entry into Kenya was unlawful because the entry permit was obtained by material misrepresentation. The appellant was described as the child of Devchand Ramji Shah when in fact he was not legally adopted until after entry. Even if a legally adopted child could be described as a child under the Defence Regulations, the appellant was not legally adopted at the time of entry. A lawful entry cannot be effected under a permit obtained by deliberate and material misrepresentation. The appellant's residence in Kenya was therefore without lawful authority and he was not entitled to a certificate of permanent residence.

Outcome

Appellant's claim for declaration of permanent residence refused; deportation order stands

Facts

The appellant was the natural son of Mura Ramji Shah, an Indian living in India. In 1942, Devchand Ramji Shah, a brother of Mura Ramji Shah and a permanent resident of Kenya since 1919, purported to adopt the appellant. An adoption ceremony was allegedly held in India according to Hindu rites, but Devchand Ramji Shah did not attend. In 1946, Devchand Ramji Shah applied for an entry permit for the appellant under the Defence (Admission of Women and Children) Regulations, 1940, describing the appellant as his child. The appellant entered Kenya in 1947 under this permit, aged under 18. In 1953, the appellant was served with a deportation order. He applied for a certificate of permanent residence, which was refused by the Principal Immigration Officer on the ground that his entry and residence were unlawful.

Issues

  1. Whether a legally adopted child is covered by the Defence (Admission of Women and Children) Regulations, 1940.
  2. Whether the appellant was legally adopted by Devchand Ramji Shah at the time of entry into Kenya.
  3. Whether an entry permit obtained by material misrepresentation can effect a lawful entry.
  4. Whether an unlawful entrant can become a permanent resident under the Immigration (Control) Ordinance.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Immigration — Entry Permits — Material Misrepresentation — Effect on Lawfulness of Entry
An entry permit obtained by deliberate and material misrepresentation cannot effect a lawful entry into the Colony, and residence based on such unlawful entry remains unlawful.
Family Law — Adoption — Hindu Law — Physical Act of Giving and Receiving
Under Hindu law, the physical act of giving and receiving is absolutely necessary to the validity of an adoption. An adoption ceremony held in the absence of the adopting parent is ineffective.
Immigration — Permanent Residence — Unlawful Entry — Disqualification
A person who entered the Colony unlawfully cannot acquire the status of permanent resident, regardless of the length of subsequent residence, where that residence has been at all times unlawful.
Administrative Law — Immigration Officer's Discretion — Misrepresentation — Effect on Validity of Decision
Where an Immigration Officer exercises discretion to grant an entry permit based on material misrepresentation of fact, the permit does not confer lawful entry. The officer's satisfaction must be based on true facts supplied by the applicant.
Evidence — Foreign Law — Proof — Indian Evidence Act
Foreign law, including Hindu law, must be proved by expert evidence under section 45 of the Indian Evidence Act or by reference to books published under government authority or law reports under section 38. A party failing to adduce such evidence bears the risk of an adverse finding.

Legislation cited (8)

  • Kenya Immigration (Control) Ordinance (Cap. 51) s.5
  • Kenya Immigration (Control) Ordinance (Cap. 51) s.9
  • Kenya Immigration (Control) Ordinance (Cap. 51) s.16
  • Immigration (Control) Regulations reg.3
  • Defence (Admission of Women and Children) Regulations, 1940 reg.3
  • Immigration (Control) (Amendment) Ordinance, 1949
  • Indian Evidence Act s.38
  • Indian Evidence Act s.45

Cases cited (6)

  • Dyson v Attorney General [1911] 1 KB 410
  • Eastern Trust Co v McKenzie Mann & Co [1915] AC 750
  • Dyson v Attorney General [1912] 1 Ch 158
  • In re Bhagtibhai Bhanabhai (Kenya Miscellaneous Criminal Case No. 16 of 1954)
  • Ghose v Dasi (1881) 6 Cal 381
  • Sreenarain v Sreemutty (1873) IA Sup Vol 149

Full judgment

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Ramji v Attorney General of Kenya (Civil Appeal No. 85 of 1954) [1950] EACA 20 (1 January 1950)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.