[1980]DLSC1592 • May 19, 1980 • Supreme Court •
KUAH vs. ATTORNEY-GENERAL AND ANOTHER
The plaintiff, a seaman, initiated legal proceedings against the Attorney-General and another defendant seeking an injunction to restrain unlawful interference with his trade and damages for such interference. The plaintiff filed a writ accompanied by a detailed statement of claim. The defendants appeared and filed a statement of defence, later amended to raise a preliminary objection that the plaintiff failed to serve the statutory one month's notice on the Attorney-General as required by the State Proceedings Act Amendment Decree, 1969 (N.L.C.D. 352).
read moreJUDGMENT OF EDWARD WIREDU J. On or about 26 February 1980 the plaintiff issued out of this court a writ against the defendants for (a) an injunction restraining the defendants herein from unlawfully interfering with the plaintiff’s trade or business, and (b) damages against the defendants herein for unlawful interference with the plaintiff’s trade as a seaman. The writ filed was accompanied with a twenty-paragraph statement of claim setting out the facts on which the plaintiff intends to rely to prove his claim. On 29 February 1980 an appearance was entered on behalf of the defendants by the Solicitor-General and on 5 March a thirteen paragraph statement of defence was filed on their behalf in answer to the claim by the plaintiff. On 19 March an amended statement of defence was filed which reads: “The defendants will at the hearing date contend by way of preliminary objection that the plaintiff ‘s action is not properly before the court, in that no statutory notice was ser...