JUDGEMENT OF OWUSU-ADDO J.
Upon service of the plaintiffs’ writ of summons and the accompanying statement of claim on the officer in charge of the Attorney-General's Office in Kumasi, notice of appearance under protest was filed on behalf of the defendant. On 6 February 1975, motion on notice to set aside the service of the plaintiffs' writ of summons on the said officer was filed. The only ground urged in support of the motion was that the plaintiffs had failed to comply with the State Proceedings Act, 1961 (Act 51), s.1 (2) as substituted by the State proceedings Act (Amendment) Decree, 1969 (N.L.C.D. 352), which reads:
“1. (2) No action shall be commenced against the Republic until the expiration of one month after written notice of intention to commence the action has been served by the claimant or by his attorney or agent: —
(i) on the Attorney-General or an officer of the Attorney-General's Department not below the rank of Senior State Attorney, or
(ii) in cases where action is to b…