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CHAPTER 26
MISCELLANEOUS
293 CLAIMS AGAINST GOVERNMENT
(1)
Where a person has a claim against the Government, that claim may be enforced as of right by
proceedings taken against the Government for that purpose without the grant of a fiat or the use of
the process known as petition of right.
(2)
The Government shall be subject to all those liabilities in tort to which, if it were a private person of
full age and capacity, it would be subject (a) in respect of torts committed by its employees or agents;
(b) in respect of a breach of duties which a person owes to his employees or agents at common law
or under any other law by reason of being their employer; and
(c) in respect of a breach of the duties at common law or under any other law attached to the
ownership, occupation, possession or control of property.
(3)
No proceedings shall lie against the Government by virtue of paragraph (a) of clause (2) of this article
in respect of an act or omission of an employee or agent of the Government unless the act or omission
would, apart from this article, have given rise to a cause of action in tort against that employee or his
estate.
(4)
Where the Government is bound by a statutory duty which is binding also upon persons other than
the Government and its officers, the Government shall, in respect of a failure to comply with that
duty, be subject to all liabilities in tort to which it would be so subject if the Government were a
private person of full age and capacity.
(5)
Where functions are conferred or imposed on an officer of the Government as such officer either by a
rule of the common law or by statute and that officer commits a tort while performing or purporting
to perform those functions, the liabilities of the Government in respect of the tort shall be what they
would have been if the functions had been conferred or imposed solely by virtue of instructions
lawfully given by the Government.
(6)
No proceedings shall lie against the Government by virtue of this article in respect of (a) anything done or omitted to be done by any person while discharging or purporting to discharge
responsibilities of a judicial nature vested in him; or
(b) any act, neglect or default of an officer of the Government unless that officer (i) has been directly or indirectly appointed by the Government and was, at the material time, paid
in respect of his duties as an officer of the Government wholly out of public funds or out of
moneys provided by Parliament; or
(ii) was, at the material time, holding an office in respect of which the Public Services Commission
certifies that the holder of that office would normally be so paid.
Ghana 1992 (rev. 1996)
Page 133