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een sold, and the price is to be paid upon a
quantum meruit, the Section will not apply to an
action for the price, because the refusal or omission
to pay would be a failure to comply with the terms
of the contract and not with the provision of the
statute."
To my mind nothing can be clearer than the above.
The Section and all other similar Sections do not
apply to contracts.
In Salako v. L.E.D.B. and Anor 20 NLR p.169
Hon. Justice SPJ de commarmond examined the
provision of Section 2 of the Public Officers
Protection Ordinance which is almost identical with
Section 97 of the Ports Act and thereafter stated
the Law as follows:
"I am of opinion that Section 2 of the Public
Officers Protection Ordinance does not apply in
cases of recovery of land, breaches of contract,
claims for work and labour done."
I must observe that the view of this court in the
NPA v. Construzioni case is in consonance with
judgments of English courts dealing with similar
provisions in English Statutes. See: Midland
Railway Company v. The Local Board for the
District of Withington 1882-3 11 Q.B.D. p.788
where the Court of Appeal in England construed
Section 264 of the Public Health Act of 1875 which
is similar to Section 97 of the Ports Act the same
way as was done by this court.
Section 264 supra states that:
"A writ or process shall not be sued out against or
served on any local authority or any member