Part 3, The State Proceedings Act, 2000

[Margin: Notice of proceedings not required in certain cases.] 4. (1) The notice required by section 3 shall not apply to any proceedings taken to invoke the original jurisdiction of the Supreme Court under subsections (1) and (3) of section 28 and sections 124 and 127 of the Constitution. (2) Where, in any proceedings against the Government there is failure to give the notice referred to in subsection (1), the court before which the proceedings are taken shall not dismiss the proceedings but shall direct the plaintiff to give the Attorney-General the requisite notice and adjourn the proceedings accordingly. [Margin: Government liability in contract.] 5. Subject to this Act, the liability of the Government in contract is the same as that of a private person of full age and capacity in respect of— (a) claims arising out of any express or implied contract with the Government; (b) claims for liquidated or unliquidated damages in cases not arising in tort; and (c) claims for the recovery of taxes or duties wrongly paid or over-paid. 4 No. 14 *State Proceedings Act* 2000 [Margin: Government liability in tort.] 6. (1) Subject to this Act, the Government shall be subject to all those liabilities in tort, which a private person of full age and capacity is subject— (a) in respect of torts committed by his servants or agents; (b) in respect of any breach of those duties which he owes to his servants or agents at common law by reason of being their employer; and (c) in respect of any breach of the duties attaching at common law to the ownership, occupation, possession or control of property: Provided that no proceedings shall lie against the Government by virtue of paragraph (a) in respect of any act or omission of a servant or agent of the Government unless the act or omission concerned arose in the course or the employment of the servant or the agent and would have given rise to a cause of action in tort against the servant or agent or his estate.