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(1959) JELR 65168 (HC)

High Court  •  6 Jun 1959  •  Ghana



MURPHY J: I will deal first with the defendants’ submission that this suit was instituted out of time. The demolition took place on the 2nd December, 1957, and the writ in this case was issued on the 16th July, 1958.

The defendants rely on section 2 of the Public Officers’ Protection Ordinance, the relevant part of which reads as follows:—

“2. Where any action, prosecution, or other proceedings is commenced against any person for any act done in pursuance or execution or intended execution of any ordinance or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Ordinance, duty, or authority, the following provisions shall have effect—

(1) The action, prosecution or proceeding shall not lie or be instituted unless it is commenced within three months next after the act, neglect, or default complained of, or in case of a continuance of injury or damage, within three months next after the ceasing thereof:”

“Person” is defined in sectio…

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