The Government Proceedings Act
This section says the Act may be cited as the Government Proceedings Act.
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About this statute
This section says the Act may be cited as the Government Proceedings Act. This section defines several terms used in the Act and says that, for Part IV and Part V, certain references to civil proceedings involving the Government include proceedings where the Attorney-General or a Government officer is a party, subject to an exception. This section makes the Government liable in civil matters much like a private person, but limits when proceedings can be brought in tort. If the Government is liable under this Part, indemnity and contribution rules apply to and against it like they would for a private adult with full capacity, except for acts done under statutory powers. This section preserves Government powers or authorities given by written law and says this Part does not extinguish or limit them.
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Provisions of The Government Proceedings Act
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This section says the Act may be cited as the Government Proceedings Act.
1. This Act may be cited as the Government Proceedings Act. Interpretation - 2 Verify source ↗
Short title
This section defines several terms used in the Act and says that, for Part IV and Part V, certain references to civil proceedings involving the Government include proceedings where the Attorney-General or a Government officer is a party, subject to an exception.
2.-(1) In this Act, unless the context otherwise requires- "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 3 The Government Proceedings Act [CAP. 5 R.E. 2019] Liability of Government in civil proceedings 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
Part
PART II
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This section makes the Government liable in civil matters much like a private person, but limits when proceedings can be brought in tort.
3.-(1) Subject to the provisions of this Act and any other written law, the Government shall be subject to all 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, subject as aforesaid, 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, apart from 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 (if any) to which it would be so subject if it were a private person of full age and capacity. (4) Where any functions are conferred or imposed upon an officer of the Government as such either by any rule of the common law or by any written law and that officer commits a tort while performing or purporting to perform those functions, the liability of Government in respect of the tort shall be such as it would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Government. (5) No proceedings shall lie against the Government by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him 4 The Government Proceedings Act [CAP. 5 R.E. 2019] or any responsibilities which he has in connection with the execution of judicial process. Application of law as to indemnity and contribution - 4
If the Government is liable under this Part, indemnity and contribution rules apply to and against it like they would for a private adult with full capacity, except for acts done under statutory powers.
4. Where the Government is subject to any liability by virtue of this Part, the law relating to indemnity and contribution shall be enforceable by or against the Government in respect of the liability to which it is so subject as if the Government were a private person of full age and capacity. Saving in respect of acts done under statutory powers - 5 Verify source ↗
Liability of Government in civil proceedings
This section preserves Government powers or authorities given by written law and says this Part does not extinguish or limit them.
5. Nothing in this Part shall extinguish or abridge any powers or authorities which, but for this Act, would have been exercised by virtue of any powers or authorities conferred on the Government by any written law. Civil proceedings against Government, etc. Acts Nos. 40 of 1974 s. 2; 30 of 1994 s. 2 11 of 2019 s. 21 PART III JURISDICTION AND PROCEDURE
Part
PART III
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Civil suits against the Government can be filed only if the claimant gives at least 90 days’ notice, states the claim basis, serves copies on the Attorney-General and Solicitor General, and brings the suit in the High Court.
6.-(1) Notwithstanding any other provision of this Act, civil proceedings may be instituted against the Government subject to the provisions of this section. (2) No suit against the Government shall be instituted, and heard unless the claimant previously submits to the Government Minister, Department or officer concerned a notice of not less than ninety days of his intention to sue the Government, specifying the basis of his claim against the Government, and he shall send a copy of his claim to the Attorney-General and the Solicitor General. (3) All suits against the Government shall, after the expiry of the notice be brought against the Attorney-General, and a copy of the plaint shall be served upon the Solicitor General, Government Ministry, Department or Officer that is alleged to have committed the civil wrong on which the civil suit is based. (4) All suits against the Government shall be instituted in the High Court by delivering a claim in the Registry of the High Court within the area where the claim arose. (5) Notwithstanding the provisions of subsection (3), the Attorney General may, unless another person ought to be sued, be sued or be joined as a co-defendant, in proceedings against the Government. 5 The Government Proceedings Act [CAP. 5 R.E. 2019] Cap. 76 Power of Attorney General to intervene suits Act No. 11 of 2019 s.22 Cap. 4 s.8 Civil proceedings against Government to be instituted only in High Court Act No. 40 of 1974 s. 3 Application of general law of procedure (6) The Attorney General may, where necessary, give instructions to the Solicitor General to proceed or terminate any proceedings instituted by the Government and which is pending in court of law, and shall state the reasons thereof (7) The provisions of the Public Officers (Recovery of Debts) Act, shall apply to any officer who occasions the Government to incur loss, costs or damages as a result of his failure to obtain legal representation in the suit. - 6A
The Attorney General may intervene in suits involving government bodies, and those bodies must notify the Attorney General about impending suits or plans to sue.
6A.-(1) The Attorney General shall, through the Solicitor General, have the right to intervene in any suit or matter instituted by or against the ministries, local government authorities, independent departments and other government institutions. (2) Where the Attorney General intervenes in any matter in pursuance of subsection (1), the provisions of this Act, shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the ministries, local government authorities, independent departments and other government institutions: Provided that, the requirement of ninety days notice of intention to sue the Government as stipulated under this Act shall not apply where the Attorney General intervenes under this section. (3) Notwithstanding the provisions of any written law, a ministry, local government authority, independent department or other government institution shall have a duty to notify the Attorney General of any impending suit or intention to institute a suit or matter against the Authority. - 7
Civil proceedings against the Government may only be started in the High Court.
7. Notwithstanding any other written law, no civil proceedings against the Government may be instituted in any court other than the High Court. - 8
Civil proceedings by or against the Government must use the same procedure as similar proceedings between private persons, subject to the Act.
8. Subject to the provisions of this Act, all civil proceedings by or against the Government shall be instituted and proceeded with the procedure applicable in like proceedings between private persons. in accordance with [s. 7A] 6 The Government Proceedings Act [CAP. 5 R.E. 2019] Inter-pleader - 9
The Government may start or join inter-pleader proceedings, even if they were started by a court broker or similar officer.
9. The Government may institute or be made a party to inter-pleader proceedings in the same manner in which a private person may institute such proceedings or be made a party thereto and may be made a party to such proceedings notwithstanding that the proceedings have been instituted by a court broker or other like officer. [s. 8] Attorney-General or other designated officers to be parties to proceedings - 10
Civil proceedings involving the Government are normally brought by or against the Attorney-General, unless another written law says otherwise.
10. Subject to the provisions of any other written law, civil proceedings by or against the Government shall be instituted by or against the Attorney-General: Provided that, the Minister may, by order published in the Gazette, direct that any particular civil proceedings or class of civil proceedings be instituted by any officer designated in the order instead of by the Attorney-General. [s. 9] Transfer of proceedings where set-off or counter claim is made Act No. 40 of 1974 s. 4 - 11 Verify source ↗
Civil proceedings against Government, etc
If the Government sues in a magistrate’s court and the defendant meets the stated conditions, the magistrate’s court must transfer the case to the High Court for trial.
11. If in any case proceedings have been instituted by the Government in a magistrate's court and the defendant satisfies the court that– (a) he has a claim against the Government; (b) he has obtained consent under section 6 for pursuing his claim against the Government; and the claim against the Government may conveniently be pursued by way of set-off or counter-claim in the proceedings instituted by the Government, (c) the magistrate's court shall transfer the proceedings to the High Court for trial. [s. 10] Nature of relief Act No. 30 of 1994 s. 3 - 12
In civil proceedings involving the Government, the court may make the same kinds of orders it can make between private persons and may give appropriate relief as needed.
12. In any civil proceedings by or against the Government the court shall, subject to the provisions of this Act, have power to make all such orders as it has power to make in proceedings between private persons and otherwise to give such appropriate relief as the case may require. [s. 11] 7 The Government Proceedings Act [CAP. 5 R.E. 2019] Costs in civil proceedings to which Government is a party - 13
In civil cases involving the Government, the court must award costs on the same basis as between private persons, and it has power to order costs paid by or to the Government.
13. In any civil proceedings to which the Government is a party, the costs of and incidental to the proceedings shall be awarded in the same manner and on the same principles as in cases between private persons and the court shall have power to make an order for the payment of costs by or to the Government accordingly: Provided that– (a) in the case of proceedings to which by reason of any law or otherwise the Attorney-General, a Government department or any officer of the Government as such is authorised to be made a party, the court shall have regard to the nature of the proceedings and circumstances in which the Attorney-General, the department or the officer of the Government appears, and may in the exercise of its discretion order any other party to the proceedings to pay the costs of the Attorney-General, department or officer, whatever may be the result of the proceedings; and character and the (b) nothing in this section shall affect the power of the court to order or any law providing for, the payment of costs out of any particular fund or property, or any law expressly relieving any department or officer of the Government of the liability to pay costs. [s. 12] Appeals and stay of execution - 14 Verify source ↗
Nature of relief
Rules about appeals and stay of execution apply, with necessary modifications, to civil proceedings involving the Government, as they apply between private persons, subject to this Act.
14. Subject to the provisions of this Act, any written law relating to appeals and stay of execution shall, with necessary modifications, apply to civil proceedings by or against the Government as it applies to proceedings between private persons. [s. 13] PART IV JUDGEMENTS AND EXECUTION Interest
Part
PART IV
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Rules on interest for money decrees and on costs apply to the Government the same way they apply to a private person.
15.-(1) The provisions of any written law relating to the payment of interest where a decree is for the payment of money and to the payment of interest on costs shall apply in 8 The Government Proceedings Act [CAP. 5 R.E. 2019] Satisfaction of orders against Government the case of Government as they do in the case of a private person. (2) Transitional provisions. [s. 14] - 16
The court’s proper officer must issue a certificate for certain orders against the Government, and the relevant Government accounting officer must pay the certified amount and any lawful interest, subject to possible suspension by the court.
16.-(1) Where in any civil proceedings by or against the Government, any order, including an order as to costs, is made by a court in favour of a person against the Government or against an officer of the Government as such, the proper officer of the court shall, on an application in that behalf made by or on behalf of that person, issue to that person a certificate containing particulars of the order: Provided that, if the court so directs, a separate certificate shall be issued with respect to the costs ordered to be paid to the applicant. (2) If the order provides for the payment of money by way of damages or other relief, or of costs, the certificate shall state the amount so payable and the Permanent Secretary to the Treasury or such other Government accounting officer as may be appropriate shall, subject as hereinafter provided, pay to the person entitled or to his advocate the amount appearing by the certificate to be due to him together with any interest, lawfully due thereon: Provided that, the court by which any such order as is mentioned in this section is made or any court to which an appeal against the order lies may, if it considers it reasonable to do so direct that, pending an appeal or other legal proceedings, payment of the whole or part of any amount so payable shall be suspended and if the certificate has not been issued may order any such directions to be inserted therein. (3) Save as is provided in this section, no execution, attachment or similar process shall be issued out of any court for enforcing payment by the Government of any money or costs referred to in this section; and no person shall be individually liable under any order for payment by the Government or any Government department or any officer of the Government as such of the money or costs. (4) Transitional provisions. [s. 15] 9 The Government Proceedings Act [CAP. 5 R.E. 2019] Execution by Government - 17 Verify source ↗
Interest
An order made in favour of the Government in civil proceedings may only be enforced the same way as an order between private persons, subject to this Act.
17. Subject to the provisions of this Act, any order made in favour of the Government against any person in any civil proceedings to which the Government is a party may only be enforced in the same manner as an order made in an action between private persons. [s. 16] PART V OTHER PROVISIONS Discovery
Part
PART V
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In civil proceedings involving the Government, the court may require the Government to disclose documents, produce them for inspection, and answer interrogatories, unless public-interest rules allow withholding or refusal.
18.-(1) Subject to and in accordance with any written law– (a) in any civil proceedings in the High Court or a magistrate's court to which the Government is a party, the Government may be required by the court to make discovery of documents and produce documents for inspection; and (b) in any such proceedings as are mentioned in paragraph (a) of this subsection, the Government may be required by to answer interrogatories: the court Provided that, this section shall be without prejudice to any law or rule of law which authorises or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest. (2) Any order of the court made under the powers conferred by paragraph (b) of subsection (1) shall direct by what officer of the Government the interrogatories are to be answered. (3) Without prejudice to the proviso to subsection (1) any rules of court made for the purposes of this section shall be such as to secure that the existence of a document is not disclosed if, in the opinion of a Minister, it would be injurious to the public interest to disclose the existence thereof. [s. 17] 10 The Government Proceedings Act [CAP. 5 R.E. 2019] Right of Government to rely on existing laws - 19
The Government may rely on any law as a defence in civil proceedings against it, subject to any express contrary provision.
19. This Act shall not prejudice the right of the Government to rely on the provisions of any law and in any civil proceedings against the Government the provisions of any law which could, if the proceedings were between private persons, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part may, subject to any express provision to the contrary, be so relied upon by the Government. [s. 18] Limitation of actions - 20
The Government keeps the right to rely on any written law about time limits for starting proceedings.
20. Nothing in this Act shall prejudice the right of the Government to rely upon any written law relating to the limitation of time for bringing proceedings. [s. 19] Rules - 21
The Chief Justice may make rules to give effect to this Act, including rules about proceedings involving the Government.
21.-(1) The Chief Justice may make rules for the purpose of giving effect to the provisions of this Act, and such rules may contain provisions to have effect in relation to any proceedings by or against the Government in substitution for or by way of addition to any of the provisions regulating procedure in proceedings between private persons. (2) Provisions shall be made in rules made under subsection (1) with respect to the following matters– (a) securing that where civil proceedings are brought against the Government in accordance with the provisions of this Act, the plaintiff shall, before the Government is required to take the any step in Government with such the Government may reasonably require as to the circumstances in which it is alleged that the liability of the Government has arisen and as to the departments and officers of the Government concerned; the proceedings, provide information as (b) providing that in the case of proceedings against the Government the plaintiff shall not enter judgement against the Government in default of appearance or pleading without the leave of the court to be obtained on an application of which notice has been given to the Government; 11 The Government Proceedings Act [CAP. 5 R.E. 2019] (c) excluding proceedings brought against the Government from the operation of any rule of court providing for summary judgement without trial, and enabling any such proceedings to be entered, where appropriate, into any special list which may be kept for the trial of short causes in which leave to defend is given under any such rule of court as is referred to in this paragraph; and (d) providing that a person shall not be entitled to avail himself of any set-off or counter-claim in any proceedings by the Government for the recovery of taxes, duties or penalties, or to avail himself in proceedings of any other nature by the Government of any set-off or counter-claim arising out of a right or claim to repayment in respect of any taxes, duties or penalties. (3) Rules (including the Government Proceedings (Procedure) Rules) made under subsection (1) in relation to the Civil Procedure Rules shall be read and construed as one with the Civil Procedure Rules and shall have the same effect as rules made under the Civil Procedure Code. [s. 20] - 22
This section says the Act does not affect proceedings already started before the Act began, unless the Act expressly provides otherwise.
22. Except as is otherwise in this Act expressly this Act shall not affect the instituted before provided, proceedings which have been commencement of this Act. the provisions of Cap. 33 Pending proceedings Repeal of R.L. Cap. 5 - 23
This section repeals Act No. 16 of 1967, and the heading notes savings.
23. Repeals Act No. 16 of 1967. [s. 21] [s. 22.] Savings - 24 Verify source ↗
Discovery
The section limits when this Act can increase Government liability and preserves the court’s mandamus discretion.
24.-(1) Except as otherwise expressly provided in this Act, nothing in this Act shall– (a) subject the Government to any greater liability in respect of the acts or omissions of any independent contractor employed by the Government than that to which the Government would be subject in respect of such acts or omissions if it were a private person; 12 The Government Proceedings Act [CAP. 5 R.E. 2019] Cap. 27 Cap. 31 (b) affect any written law, rule of evidence or presumption relating to the extent to which the Government is bound by any law; or imposed the Administrator-General under the Administrator- General (Powers and Functions) Act or the Public Trustee under the Public Trustee Act . (c) affect liability any on (2) Where any property vests in the Government by virtue of any enactment or rule of law which operates independently of the acts or the intention of the Government, the Government shall not by virtue of this Act be subject to any liability in tort by reason only of the property being so vested; but the provisions of this subsection shall be without prejudice to the liability of the Government under this Act in respect of any period after the Government or any person acting for the Government has in fact taken possession or control of any such property or entered into occupation thereof. (3) This Act shall not operate to limit the discretion of the court to grant relief by way of mandamus in cases in which such relief might have been granted before the commencement of this Act, notwithstanding that by reason of the provisions of this Act some other and further remedy is available. ________________________________ 13
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