- Flynote
- Civil Procedure
- Case summary
- The court considered whether or not the suit was properly brought against the respondent. The court held that an individual government officer could not bear the burden of litigation on his or her shoulders in respect of matters brought against him/her in his/her official capacity. The court was satisfied that section 10 of the Government Proceedings Act that required suits against the government to be brought against the attorney general was mandatory. The court accordingly concluded that the suit against the respondent wasn’t sustainable in law.
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