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BARIMAH
V.
ATTORNEY-GENERAL

(1956) JELR 115865 (SC)

Supreme Court 2 May 1956 Ghana
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Case Details

Judges:Benson J.
Counsel:OWUSU for the plaintiff. Akiwumi, Jnr., for the Attorney-General of the Gold Coast.
Other Citations:2 WALR 25-30

JUDGMENT

BENSON J. This is a claim for damages in tort arising out of the negligence of officers in the employment of the Gold Coast Government and is brought under the Petitions of Right Ordinance, the fiat of the Minister of the Interior having been obtained.

A preliminary issue has been raised in the Statement of Defence that an action based on tort does not lie; this issue has been argued in limine and I now have to rule on it. Section 4 of the Petitions of Right Ordinance is the relevant one and reads as follows:-

"All claims against the general Government of the Gold Coast, being of the same nature as claims which may be preferred against the Crown in England by petition, manifestation, or plea of right, may, with the consent of the Minister be preferred in the proper Divisional Court of the Supreme Court "

It is argued on behalf of the Attorney-General that by the words " may be preferred" the legislature intended it to be understood that it referred only to claims which could have…

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