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BUOBUH v. MINISTER OF INTERIOR AND ANOTHER

1970

HIGH COURT

GHANA

CORAM

  • ABOAGYE J

Areas of Law

  • Administrative Law
  • Tort Law
  • Civil Procedure

AI Generated Summary

This case involves a claim for damages due to an alleged assault by prison officers. The plaintiff initially sued the Minister of Interior and later added the Attorney-General as a defendant. The key issue was whether the action was barred by the Public Officers Act, 1962 (Act 114). The court held that the action was indeed statute-barred. For the Minister of Interior, the action was barred because it was not commenced within the required three-month period after the alleged assault. Regarding the claim against the Republic (represented by the Attorney-General), the court reasoned that since the liability of the primary tortfeasors (the prison officers) was already barred by statute when the suit was commenced, there could be no vicarious liability for the Republic. The court upheld the defendants' objection and dismissed the action, emphasizing the importance of timely filing of suits against public officers and the nature of vicarious liability of the state.

JUDGMENT