CHAPTER 5
GOVERNMENT PROCEEDINGS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

PART II
SUBSTANTIVE LAW

   3.   Liability of Government in civil proceedings.

   4.   Application of law as to indemnity and contribution.

   5.   Saving in respect of acts done under statutory powers.

PART III
JURISDICTION AND PROCEDURE

   6.   Civil proceedings against Government, etc.

   7.   Civil proceedings against Government to be instituted only in High Court.

   8.   Application of general law of procedure.

   9.   Inter-pleader.

   10.   Attorney-General or other designated officers to be parties to proceedings.

   11.   Transfer of proceedings where set-off or counter-claim is made.

   12.   Nature of relief.

   13.   Costs in civil proceedings to which the Government is a party.

   14.   Appeals and stay of execution.

PART IV
JUDGEMENTS AND EXECUTION

   15.   Interest.

   16.   Satisfaction of orders against the Government.

   17.   Execution by the Government.

PART V
OTHER PROVISIONS

   18.   Discovery.

   19.   Right of Government to rely on existing laws.

   20.   Limitation of actions.

   21.   Rules.

   22.   Pending proceedings.

   23.   [Repeal of R.L. Cap. 5.]

   24.   Savings.

CHAPTER 5
THE GOVERNMENT PROCEEDINGS ACT

An Act to provide for the rights and liabilities of the Government in civil matters, for the procedure in civil proceedings by or against the Government and for related matters.

[1st January, 1975]
[G.N. No. 308 of 1974]

Acts Nos.
16 of 1967
40 of 1974
30 of 1994

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Government Proceedings Act.

2.   Interpretation

   (1) In this Act, unless the context requires otherwise–

   "agent", when used in relation to the Government, includes an independent contractor employed by the Government;

   "civil proceedings" include proceedings in the High Court or a magistrate's court for the recovery of fines or penalties;

   "Minister" means the Minister for the time being responsible for legal affairs;

   "officer" in relation to the Government includes the President, a Minister and any servant of the Government;

   "proceedings against the Government" include a claim by way of set-off or counterclaim raised in proceedings initiated by the Government;

   "statutory duty" means any duty imposed by or under any written law.

   (2) Any reference in Part IV or Part V to civil proceedings by or against the Government, or to civil proceedings to which the Government is a party, shall be construed as including a reference to civil proceedings to which the Attorney-General, or any officer of the Government as such, is a party:

   Provided that the Government shall not, for the purposes of Part IV or Part V, be deemed to be a party to any proceedings by reason only that they are brought by the Attorney-General upon the relation of some other person.

PART II
SUBSTANTIVE LAW (ss 3-5)

3.   Liability of Government in civil proceedings

   (1) Subject to the provisions of this Act and any other written law, the Government shall be subject to all proceedings those liabilities in contract, quasi-contract, detinue, tort and in other respects to which it would be subject if it were a private person of full age and capacity and any claim arising therefrom may be enforced against the Government in accordance with the provisions of this Act.

   (2) No proceedings shall lie against the Government in tort in respect of any act or omission of a servant or agent of the Government unless the act or omission would, but for the provisions of this Act, have given rise to a cause of action in tort against that servant or agent or his estate.

   (3) Where the Government is bound by a statutory duty which is binding also upon persons other than the Government and its officers, then the Government shall, subject to the provisions of this Act, in respect of a failure to comply with that duty, be subject to all those liabilities in tort to which it would be so subject if it were a private person of full age and capacity.

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