Part 8, The State Proceedings Act, 2000

(2) Where any proceedings have been removed into the High Court on the production of a certificate referred to in subsection (1), and it appears to the court by which the proceedings are tried that the removal has occasioned additional expense to the person by whom the proceedings are brought, the court may take account of the additional expense so occasioned in exercising its power in regard to the award of costs. (3) Without prejudice to the rights of the Government under subsections (l) and (2), the provisions of any enactment relating to the removal or transfer of proceedings from a Magistrates' Court to the High Court or the transfer of proceedings from the High Court to a Magistrates' Court shall apply in relation to proceedings against the Government. 18. (1) In any civil proceedings by or against the Government, the court shall, subject to this Act, have power to make all such orders as it has power to make in proceedings between private persons and otherwise to give such appropriate relief as the case may require: [Margin: Nature of relief.] 10 No. 14 State Proceedings Act 2000 Provided that:— (a) where in any proceedings against the Government, any such relief is sought as might in proceedings between private persons be granted by way of injunction or specific performance, the court shall not grant an injunction or make an order for specific performance, but may in lieu thereof make an order declaratory of the rights of the parties; and (b) in any proceedings against the Government for the recovery of land or other property, the court shall not make an order for the recovery of the land or the delivery of the property, but may in lieu thereof, make an order declaring that the plaintiff is entitled as against the Government to the land or property or to the possession thereof. (2) The court shall not in any civil proceedings grant an injunction or make an order against an officer of the Government if the effect of granting the injunction or making the order would be to give any relief against the Government which could not have been obtained against the Government under the proviso to subsection (1). 19. Subject to this Act, all enactments relating to appeals and stay of execution shall, with any necessary modifications, apply to civil proceedings by or against the Government as they apply to proceedings between private persons. [Margin: Appeals and stay of execution.] PART IV— JUDGMENT AND EXECUTION