State Proceedings Act, 1998 Act 555 (Revised Edition)

ACT 555
State Proceedings Act, 1998
ACT 555
STATE PROCEEDINGS ACT, 1998
ARRANGEMENT OF SECTIONS
Liability of the Republic
SECTION
1. Claims against the Republic.
2. Liability of the Republic in contract.
3. Liability of the Republic in tort.
4. Non-liability of the Republic.
5. Application of law relating to indemnity.
Intellectual and Other Property
6. Provision as to intellectual or industrial property.
7. Provisions relating to the Armed Forces.
8. Civil proceedings by or against the Republic.
9. Par ties to proceedings.
10. Notice of civil action to Attorney-General.
11. Interpleader.
12. Service of documents.
Reliefs
13. Nature of relief against the Republic.
14. Appeals and stay of execution.
15. Satisfaction of orders.
16. Enforcement of orders. )
17. Attachment of money.
Miscellaneous
18. Discovery and interrogatories.
19. Notice of proceedings in rem.
20. Exceptions to notice of action.
21. Application of certain enactments.
22. Costs in proceedings.
23. Rules of Court.
24. Non-application of Act.
25. Pending proceedings.
26. Interpretation.
27. Repeals.
vn—1701 [Issue 1]

22. Costs in proceedings.
23. Rules of Court.
24. Non-application of Act.
25. Pending proceedings.
26. Interpretation.
27. Repeals.
vn—1701 [Issue 1]

ACT 555
State Proceedings Act, 1998
ACT 555
STATE PROCEEDINGS ACT, 1998'
AN ACT to provide for proceedings against the Republic in conformity with the
Constitution and for related matters. Liability of the Republic
I. Claims against the Republic
Where a person has a claim against the Republic, the claim may be enforced as of
right by proceedings taken against the Republic for that purpose without the grant of a
fiat or the use of the process known as petition of right. 2. Liability of the Republic in contract
The liability of the Republic is the same as that of a private person of full age and capac
ity in respect of
(a) claims arising out of an express or implied contract with the Republic,
(b) claims for liquidated or unliquidated damages in cases not arising in tort,
and
(c) claims for the recovery of taxes or duties wrongly paid or overpaid. 3.

s for liquidated or unliquidated damages in cases not arising in tort,
and
(c) claims for the recovery of taxes or duties wrongly paid or overpaid. 3.

Liability of the Republic in tort
(1) The Republic is subject to the liabilities in tort to which, if it were a private per
son of full age and capacity, it would be subject, in respect of
(a) torts committed by its employee or agent while acting within the scope of
the office or employment of the employee or agent,
(b) a breach of duty which an employer owes to the employee or agent of that
employer at common law or under any other law by reason of being the
employer, and
(c) a breach of the duty at common law or under any other law attached to the
ownership, occupation, possession or control of property. (2) Proceedings do not lie against the Republic by virtue of paragraph (a) of sub
section (1) in respect of an act or omission of an employee or agent of the Republic
unless the act or omission would, apart from this section, have given rise to a cause of
action in tort against that employee or the estate of the employee.

the act or omission would, apart from this section, have given rise to a cause of
action in tort against that employee or the estate of the employee.

(3) Where the Republic is bound by a statutory duty which is binding also on persons
other than the Republic and its officers, the Republic shall, in respect of a failure to com
ply with that duty, be subject to the liabilities in tort to which it would be so subject if the
Republic were a private person of full age and capacity. (4) Where functions are conferred or imposed on an officer of the Republic in that
capacity by a rule of the common law or by statute and that officer commits a tort while
performing or purporting to perform those functions, the liabilities of the Republic in
1 The Act was assented to on 19th August, 1998. [Issue 1] VII — 1702

ming or purporting to perform those functions, the liabilities of the Republic in
1 The Act was assented to on 19th August, 1998. [Issue 1] VII — 1702

ACT 555
State Proceedings Act, 1998
respect of the tort shall be what they would have been if the functions had been conferred
or imposed solely by virtue of instructions lawfully given by the Republic. 4. Non-liability of the Republic
Proceedings do not lie against the Republic under this Act in respect of
(a) anything done or omitted to be done by a person while discharging or pur
porting to discharge responsibilities of a judicial nature vested in that person;
(b) an act, neglect or a default of an officer of the Republic unless that officer
(i) has been directly or indirectly appointed by the Republic and was, at
the material time, paid in respect of duties as an officer of the Republic
wholly out of public funds or out of money provided by Parliament; or
(ii) was, at the material time, holding an office in respect of which the
Public Services Commission certifies that the holder of that office
would normally be so paid. 5.

rial time, holding an office in respect of which the
Public Services Commission certifies that the holder of that office
would normally be so paid. 5.

Application of law relating to indemnity
Where the Republic is subject to liability by virtue of this Act, the law relating to in
demnity and contribution is enforceable, as if the Republic were a private person of full
age and capacity
(a) against the Republic by an employee of the Republic who is acting in the
proper execution of duties in respect of the liability or by any other person
in respect of the liability to which that person is subject, or
(b) by the Republic against a person, other than an employee of the Republic,
in respect of the liability to which it is subject. Intellectual and Other Property
6. Provision as to intellectual or industrial property
Where an employee or agent of the Republic infringes a patent, a registered trade
mark or a copyright and the infringement is committed under the authority of the Repub
lic, then subject to this Act, civil proceedings in respect of the infringement lie against the
Republic. 7.

ommitted under the authority of the Repub
lic, then subject to this Act, civil proceedings in respect of the infringement lie against the
Republic. 7.

Provisions relating to the Armed Forces
(1) Subject to subsection (2), a thing done or omitted to be done by a member of the
Armed Forces while on duty shall not subject the member or the Republic to liability in
tort for causing death or personal injury where the death or injury is to another member of
the Armed Forces where,
(a) at the time when the death or injury is suffered by that other person the
member is on duty as a member of the Armed Forces or though not on
duty, the member is on a land, ship or an aircraft or a vehicle which is be
ing used for the purpose of the Armed Forces, and
VII — 1703 [Issue 1]

on
duty, the member is on a land, ship or an aircraft or a vehicle which is be
ing used for the purpose of the Armed Forces, and
VII — 1703 [Issue 1]

ACT 555
State Proceedings Act, 1998
(b) the Minister responsible for Defence certifies that the death or injury is
attributable to service for the entitlement of an award under a law relating
to the grant of awards to members of the Aimed Forces for disablement or
death. (2) Subsection (1) does not exempt a member of the Aimed Forces from liability in
tort in an action in which the Court is satisfied that the act or omission was not connected
with the execution of duties as a member of the Ai med Forces. (3) Proceedings in tort do not lie against the Republic for death or personal injury due
to anything suffered by a member of the Armed Forces where,
(a) the death or personal injury is suffered by the member in consequence of
the nature or condition of a land, ship, an aircraft or a vehicle or in conse
quence of the nature or condition of an equipment or the supplies used for
the purposes of the Aimed Forces, and
(b) the Minister certifies as provided under paragraph (b) of subsection (1).

equipment or the supplies used for
the purposes of the Aimed Forces, and
(b) the Minister certifies as provided under paragraph (b) of subsection (1).

(4) An act or omission of a public officer shall not subject the public officer to liability
in tort for death or personal injury, to a member of the Armed Forces in circumstances
where paragraphs (a) and (b) of subsection (3) apply. (5) Where the Minister is satisfied that
(a) a person was or was not on a particular occasion on duty as a member of
the Armed Forces, or
(b) at a particular time, land, premises, a ship, an aircraft, a vehicle, an equip
ment or a supply was or was not used for the purposes of the Armed Forces,
the Minister may issue a certificate to that effect and the certificate is, for the purpose of
this section, prima facie evidence as to the fact it certifies. 8. Civil proceedings by or against the Republic
Civil proceedings by or against the Republic shall as far as is practicable be instituted
and proceeded with in a Court in accordance with the Rules of Court applicable to pro
ceedings between private persons. 9.

s practicable be instituted
and proceeded with in a Court in accordance with the Rules of Court applicable to pro
ceedings between private persons. 9.

Parties to proceedings
(1) in accordance with article 88 of the Constitution, civil proceedings
(a) by the Republic shall be instituted and conducted on behalf of the Republic
by the Attorney-General or a person authorised by the Attorney-General;
(b) against the Republic shall be instituted against the Attorney-General as
defendant. (2) Proceedings instituted in accordance with this Act by or against the Attorney
General or any other officer shall not abate or be affected by a change in the person hold
ing the office. (Issue 1] vn— 1704

or against the Attorney
General or any other officer shall not abate or be affected by a change in the person hold
ing the office. (Issue 1] vn— 1704

ACT 555
State Proceedings Act, 1998
10. Notice of civil action to Attorney-General
(1) A person who intends to institute civil action against the Republic shall serve on
the Attorney-General a written notice of that intention at least thirty days before the com
mencement of the action. (2) The notice under subsection (1) shall be served by the claimant or by the lawyer
or agent of the claimant
(a) on the Attorney-General or an officer of the Attorney-General’s Department,
or
(b) in a case where action is to be commenced in a Region, on an officer of the
Attorney-General’s Department in that Region. (3) The notice shall indicate the cause of action, the name and.address of the intended
claimant and the relief sought. 11. Interpleader
The Republic may obtain relief by way of interpleader proceedings and may be made
a party to those proceedings in the same manner in which a private person may obtain
relief by way of those proceedings or may be made a party and the Rules of Court relat
ing to interpleader proceedings shall, subject to this Act, apply. 12.

by way of those proceedings or may be made a party and the Rules of Court relat
ing to interpleader proceedings shall, subject to this Act, apply. 12.

Service of documents
Documents required to be served on the Republic for the purpose of or in connection
with civil proceedings by or against the Republic shall be delivered at the office of the
Attorney-General or to a representative of the Attorney-General in the Region or to an
officer specified under any other enactment. Reliefs
13. Nature of relief against the Republic
In civil proceedings by or against the Republic, the Court may make the orders which
it has power to make in proceedings between private persons and may give the relief that
the case requires. 14. Appeals and stay of execution
Enactments and Rules of Court relating to appeals and stay of execution shall, with
the modifications that are necessary, apply to civil proceedings by or against the Republic
as they apply to proceedings between private persons. 15. Satisfaction of orders
(1) Where in civil proceedings by or against the Republic or in connection with an
arbitration to which the Republic is a party, an order including an order for costs is made
by a Court in favour of a person against
(a) the Republic,
(b) a department of the Republic, or
(c) an employee of the Republic,
VII — 1705 [Issue 1]

by a Court in favour of a person against
(a) the Republic,
(b) a department of the Republic, or
(c) an employee of the Republic,
VII — 1705 [Issue 1]

ACT 555
State Proceedings Act, 1998
the Court shall issue to that person a certificate containing particulars of the order on an
application made by or on behalf of that person, at any time after the expiration of
twenty-one days from the date of the order where the order provides for the payment of
costs and the costs are required to be taxed, at any time after the costs have been taxed,
whichever is later. (2) A copy of a certificate issued under subsection (1) may be served by or on behalf
of the person in whose favour the certificate is made
(a) on the Accountant-General, if the certificate contains an order for the pay
ment of money, and
(b) on the Attorney-General in any other case. (3) Where the order provides for the payment of an amount of money, the certificate
shall specify the amount of money payable and the amount together with the interest on it
shall be paid to the person entitled or the lawyer of that person. 16. Enforcement of orders
An order made in favour of the Republic against a person in civil proceedings to
which the Republic is a party may be enforced in the same manner as an order made in an
action between private persons. 17.

on in civil proceedings to
which the Republic is a party may be enforced in the same manner as an order made in an
action between private persons. 17.

Attachment of money
(1) Where a sum of money is payable by the Republic to a person who is under a
court order to pay money to another person, that later person is entitled to obtain an order
for the attachment of the money as a debt due or accrued under the Rules of Court to that
other person. (2) The Court may, subject to this Act and in accordance with the Rules of Court,
make an order restraining a person to whom the Republic is liable to pay money from
receiving that money and directing payment of it to any other person. (3) A Court shall not make an order under subsection (2) in respect of
(a) the wages or salary payable to an employee of the Republic, or
(b) pension or social security, or
(c) the money which, by an enactment, is prohibited or restricted from attach
ment or the execution of a debt. Miscellaneous
18.

r social security, or
(c) the money which, by an enactment, is prohibited or restricted from attach
ment or the execution of a debt. Miscellaneous
18.

Discovery and interrogatories
(1) Subject to article 135 of the Constitution and to subsections (2) and (4), enact
ments relating to the discovery and production of documents and answering interrogato
ries by an order of a Court shall apply to civil proceedings by or against the Republic to
the same extent and in the same manner as the enactments apply to civil proceedings be
tween private persons. [Issue 1] vn —1706

ainst the Republic to
the same extent and in the same manner as the enactments apply to civil proceedings be
tween private persons. [Issue 1] vn —1706

ACT 555
State Proceedings Act, 1998
(2) Subsection (1) applies without limiting the right to withhold a document or refuse
to answer a question on the grounds that disclosing the document or answering the ques
tion would be injurious to the public interest. (3) An order of a Court relating to answering interrogatories shall direct which per
son is to answer the interrogatories. (4) A certificate from the Supreme Court that it is satisfied that the disclosure of a
document is injurious to the public interest is conclusive evidence for the purposes of this
section. 19. Notice of proceedings in rem
Proceedings in rem shall not be brought in respect of a claim against the Republic, or
the arrest, detention or sale of a ship, an aircraft, a cargo or any other property belonging
to the Republic or give to a person a lien on the aircraft, cargo or other property unless
there has been served on the Attorney-General a written notice of the intention to bring
the action at least thirty days before the commencement of the action. 20.

n served on the Attorney-General a written notice of the intention to bring
the action at least thirty days before the commencement of the action. 20.

Exceptions to notice of action
(1) The notice before institution of civil action against the Republic does not apply to
(a) an action to invoke the original jurisdiction of the Supreme Court under
articles 2 and 130 of the Constitution, and
(b) an action where a person alleges that a provision of the Constitution on the
fundamental human rights and freedoms has been, or is being or is likely to
be contravened under article 33 of the Constitution. (2) Where in an action against the Republic there is a failure to give the notice re
quired to the Attorney-General, the Court shall not dismiss the action but direct the plaintiff
to give the Attorney-General the requisite notice and adjourn the case accordingly. 21. Application of certain enactments
This Act does not limit the right of the Republic to take advantage of an enactment al
though not named in it and in civil proceedings against the Republic, an enactment may
be relied on by the Republic subject to an express provision to the contrary. 22.

n it and in civil proceedings against the Republic, an enactment may
be relied on by the Republic subject to an express provision to the contrary. 22.

Costs in proceedings
In civil proceedings to which the Republic is a party, costs including those incidental
to the proceedings are at the discretion of the Court or arbitrator and the discretion shall
be exercised in the same manner and on the same principles as in cases between private
persons but
(a) in proceedings to which the Republic is required to be made a party, the
Court or arbitrator shall consider the nature of the proceedings and the
character and circumstances in which the Republic appears as a party and
may in the exercise of discretion order any other party to the proceedings to
pay the costs of the Republic whatever may be the result of the proceeding;
and
VII—1707 [Issue 1]

cretion order any other party to the proceedings to
pay the costs of the Republic whatever may be the result of the proceeding;
and
VII—1707 [Issue 1]

ACT 555
State Proceedings Act, 1998
(b) this section does not affect,
(i) the power of the Court or arbitrator to order the payment of costs out
of a particular fund or property, or
(ii) an enactment providing for the payment. 23. Rules of Court
Despite section 8 the Rules Committee may where it considers it necessary make the
modifications that are necessary to the Rules of Court in respect of proceedings by or
against the Republic. 24. Non-application of Act
Except as otherwise expressly provided, this Act does not
(a) apply to criminal proceedings, or
(b) subject the Republic to any greater liabilities in respect of the acts or omis
sions of an independent contractor employed by the Republic other than
those to which a private person would be subject in respect of an act or
omission. 25. Pending proceedings
(1) This Act does not affect proceedings commenced before the coming into force of
this Act and for the purposes of this section, proceedings shall be regarded as commenced
if the statement of claim has been delivered at the office of the Attorney-General or to an
authorised officer before the coming into force of this Act.

the statement of claim has been delivered at the office of the Attorney-General or to an
authorised officer before the coming into force of this Act.

(2) Proceedings commenced before the coming into force of this Act may be contin
ued and concluded under the law under which they were commenced. 26. Interpretation
In this Act, unless the context otherwise requires,
“ agent ” when used in relation to the Republic includes an independent contractor
employed by the Republic;
“ Armed Forces” means the Army, the Navy and the Air- Force;
“civil proceedings” includes proceedings for the recovery of fines or penalties;
“Court” means a court of competent jurisdiction;
“ employee ” in relation to the Republic, includes a public officer, a member of the
Armed Forces, but not an employee of a public corporation set up for commercial
purpose despite a provision to the contrary in this section;
“Minister” means the Minister responsible for Defence;
“ private person ” means an individual person of twenty-one years or above and of
sound mind;
“proceedings against the Republic” includes a claim by way of set-off or counter
claim raised in proceedings by the Republic;
[Issue 1] vn —1708

mind;
“proceedings against the Republic” includes a claim by way of set-off or counter
claim raised in proceedings by the Republic;
[Issue 1] vn —1708

ACT 555
State Proceedings Act, 1998
“public officer" means a person who holds a public office, the emoluments attached
to which are paid directly from the Consolidated Fund or directly out of money pro
vided by Parliament and an office in a public corporation established entirely out of
public funds or money provided by Parliament;
“Region” means a Region within the meaning of the Chapter Two of the
Constitution.
27. Repeals
Spent?
2. The section provided for the repeal of
"(a) the Republic Proceedings Act, 1961 (Act 51);
(b) the Republic Proceedings (Amendment) Decree, 1969 (N.L C.D. 352);
(c) the Republic Proceedings Decree, 1972 (N.R C.D. 59),
(d) the Statutory Corporations Act, (Amendment) Decree, 1972 (N.R.C.D. 120).”
VII — 1709 [Issue 1]