QUAINOO AND OTHERS V. ATTORNEY-GENERAL

EDUSEI J.: The plaintiffs have instituted an action against the defendant representing the Government of Ghana as owner of a vehicle that negligently caused injuries to them. The defendant has filed a motion to set aside the writ on the ground that no written notice of intention to commence the action was given to the defendant or a senior state attorney as required by law. The relevant law can be found in section 1 of the State Proceedings Act, 1961 (Act 51), as amended by the State Proceedings Act (Amendment) Decree, 1969 (N.L.C.D. 352), which reads as follows:

“1. (1) Subject to the provisions of this Act, an action may be brought against the Republic without the fiat of the Attorney-General if the cause of such action arises on or after the 1st day of May, 1969.

(2) No action shall be commenced against the Republic until the expiration of one month after written notice of intention to commence the action has been served by the claimant or by his attorney or agent:—

(i) On the Attorn…