State Proceedings Act, 1998 🇬🇭

Ghana 29 Citing Cases

Republic of Ghana

The five hundred and fifty-fifth

Act

of the parliament of the republic of ghana

entitled

State Proceedings Act, 1998

Published by Government Gazette on 19 August 1998
Assented to on 19 August 1998
Commenced on 19 August 1998

AN ACT to provide for proceedings against the Republic in conformity with the Constitution and for related matters.

Liability of the Republic

1. 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 capacity 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 o…

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