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(1971) JELR 68423 (HC)

High Court  •  26 Mar 1971  •  Ghana



ABBAN J.: When the plaintiff was about to open his case, the learned Solicitor-General, appearing for the defendant raised two interesting preliminary objections. He contended that the proceedings herein, being proceedings in rem, are caught by section 19 (1) of the State Proceedings Act, 1961 (Act 51), which bars such proceedings against the Republic. His second objection was that even if these proceedings are not barred by section 19 (1) of Act 51, and therefore the court can hear the case, the reliefs being sought by the plaintiff in this action are reliefs which the court has no power to grant because the court is precluded from giving such remedies by section 13 (1) (a) and (b) of the said State Proceedings Act, 1961 (Act 51). Counsel for the plaintiff contended otherwise.

From the arguments of counsel, two issues have emerged for consideration. First, whether the proceedings herein are proceedings in rem and if they are, whether this court has jurisdiction to entertain the action…

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