The purpose is that the notice should have been served to appropriate officer (Attorney General) or the head of scheduled corporation or CAO in Local Government. Under S.2 of Civil Procedure and Limitation Act, no action founded on tort can be brought against government, local authority or scheduled corporation after the expiry of 2 years from the date of which the action was done. S.2 of Civil Procedure and Limitation (miscellaneous provision) Act provides inter alia that no suit shall be brought against government, local authority or scheduled corporation until a statutory notice of 45 days has been served. Article 128(2): No person or authority shall interfere with the courts or judicial officers in the exercise of their judicial functions. 2. Suits against the government are brought against the AG under article 119 of the Constitution. There are a number of factors that play a role in making certain roadways and highways particularly dangerous. These duties require insulation from influence direct or indirect that will cause them to play into the hands of corrupt elements. Will the Board hear these arguments? Energy production will eventually fall at current prices of $45 to $50 per barrel which are still historically expensive. Post was g ener ated with the help of GSA C on tent Generat or Demov ersion.
In the performance of their duties they are entrusted with checking the excesses of the Executive and the Legislature. S.14 of the Civil Proceeding and Limitation Act provides that an injunction, specific performance and attachment can not be awarded. NB. To protect public interest some of the important procedural matters include; specific procedures which apply to government not other entities. They give the state privilege in the law as regards to evidence, that a public officer cannot be compelled to give evidence relating to confidential government communication. S.19 of GPA provides for the state fiction of orders against government where if a person has had a suit ruled in their favour and costs awarded, he can make an application in that respect after the expiration of 21 days from date of the order or in case the costs have to be taxed after they have been so taxed for a certificate of court that the order of costs be paid. The doctrine of independence of judiciary and its importance was underscored in the well known case of MASALU MUSENE AND 3 ORS V AG. Article 128(6): The judiciary shall be self-accounting. Article 126(1) provides that judicial power is derived from the people (and not the State or the government in power) and shall be exercised by courts in the name of the people and in conformity with law and with values, norms and aspirations of the people.
See article 41 of the Constitution. See these providers face to face too. A negligent driver is not necessarily a bad person. In addition to this, you should contact the insurance company of the other driver. Call an attorney. Your first instinct might be to call your insurance company, but it’s best to seek legal council first so you don’t accidentally admit guilt or take responsibility for the accident. You don’t have an unlimited amount of time to pursue legal action, though: remember that if you decide to take legal action against the insurance company, you must do so within two years of the time of the car accident. Much of Medina’s time here has been occupied with discipline issues, hearings and internal investigations. The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. 4. Limitation periods relate to periods in which an action must be brought against a party.
The section also provides that the plaint against the government must also include the clause specifically pleading that notice was served. No remedy of attachment can issue against government property i.e. one cannot attach government property. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. There are however, a few exceptions which are mainly contained in Civil Procedure and Limitation Act (miscellaneous provision Act). Remedies in civil proceedings may with a few exceptions be made available against government. In cases of withdrawal or cessation from operations of the ECOZONE Export or Free Trade Enterprise, subject to payment of applicable duties and taxes and such other conditions as may be prescribed by the Board. It provides that except as is provided in this section, no execution or attachment or process in the nature of an execution or attachment shall be issued out of any court for enforcing payment by the Government of any such money or costs as are referred to in this section, and no person shall be individually liable under any order for payment by the Government, or any Government department or any officer of the Government as such, of any such money or costs.