BUOBUH v. MINISTER OF INTERIOR AND ANOTHER

Aboagye J. dismissed an action filed in March 1970 seeking N¢1,200.00 in damages for an alleged assault on 23 January 1967 by prison officers J. O. A. Lamptey and J. K. Commey. The plaintiff initially sued the Minister of Interior on the basis that he oversaw the Prison Services, then added the Attorney‑General as the Republic’s representative after serving notice of intention to sue. The defendants raised a preliminary objection under the Public Officers Act, 1962 (Act 114), which imposes a three‑month limitation on suits against public officers acting in execution of public duty. The court held the Minister, as a public officer, was protected by the statute and that any direct claim against Lamptey and Commey had expired by April 1967. Because the Republic’s liability was solely vicarious, it could not stand once the servants’ liability was time‑barred. The court also underscored that under the State Proceedings Act, 1961 (Act 51) s.10(2), the Attorney‑General, not the Minister, is the proper representative of the Republic. Objection upheld; action dismissed with costs.