CIVIL PROCEDURE (SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS)

CHAPTER 6:01
CIVIL PROCEDURE (SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS)

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Claims against Government cognizable by competent court, whether claim in contract or tort

    3.    (1) Suits by or against Government to be instituted by or against the Attorney General

        (3) Claims by private persons against the Government

    4.    Notice previous to suing

    5.    Time within which suit may be brought against a public officer

    6.    Exemption from arrest and personal appearance

    7.    (1) Application where Government undertakes defence

        (2) Procedure where no application is made Defendant not liable to arrest before judgment

    8.    Execution of decree

    9.    Costs

    10.    No injunction or specific performance against Government

37 of 1946
31 of 1953
12 of 1993
17 of 1993
19 of 1995
11 of 2011
23 of 2012
G.N. 22/1963
137/1966
166/1967

    An Act relating to Civil Suits by or against the Government or Public Officers

1.    Short title

    This Act may be cited as the Civil Procedure (Suits by or against the Government or Public Officers) Act.

2.    Claims against Government cognizable by competent court, whether claim in contract or tort

    Any claim against the Government which would if such claim had arisen against a subject be the ground of an action in any competent court shall be cognizable by the said court whether such claim shall arise or have arisen out of any contract lawfully entered into on behalf of the Government or out of any wrong committed by any servant of the Government acting in his capacity and within the scope of his authority as such servant:

    Provided that no claim shall lie against the Government by virtue of this section in respect of any wrong committed by a servant of the Government unless the wrong would, apart from this Act, have given rise to a claim against that servant or his estate:

    Provided further that nothing herein contained shall be construed as affecting any law which limits the liability of the Government or any department thereof in respect of any act or omission of its servants, or which prescribes specified periods within which a claim shall be made in respect of any such liability or imposes conditions on the institution of any action.

3.    Suits by or against Government to be instituted by or against the Attorney General

    (1) Save as may otherwise expressly be provided by any Act, suits by or against the Government shall be instituted by or against the Attorney General. Such suits shall be instituted and tried in the same manner as suits to which the Government is not a party.

    (2) The Attorney General or other person authorized by the Attorney General to act for the Government in respect to any judicial proceedings shall be deemed to be the recognized agent by whom appearances, acts and applications may be made or done on behalf of the Government.

Claims by private persons against the Government

    (3) All documents which in a suit of the same nature between private parties would be required to be served on the defendant shall be delivered at the office of the Attorney General or other person authorized to act on behalf of the Government in respect of such judicial proceeding.

4.    Notice previous to suing

    No suit shall be instituted against the Government, or against any public officer until the expiration of three months next after notice in writing has been, in the case of the Government, delivered to or left at the office of the Attorney General, and in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims.

19 of 1995

5.    Time within which suit may be brought against a public officer

    (1) No suit shall be instituted against a public officer in respect of any such act, neglect or default as aforesaid, unless such notice as aforesaid shall be so delivered or left within six months next after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within three months next after the ceasing thereof:

    Provided that if the suit be at the instance of any person for cause arising while such person was a convicted prisoner such notice may be delivered or left within six months after the discharge of such person from prison or, in the case of a continuance of injury or damage, within three months next after the ceasing thereof.

    (2) This section shall not affect any proceedings by any department of the Government against a local authority, or officer of a local authority.

6.    Exemption from arrest and personal…