By Evarist Baimu Nyaga Mawalla - Home

However, before raring to that Act it is necessary to draw attention to oneadditional development in brining proceedings against the Crown. This involvedthe grant of declaranty relief against the Crown. In Dyson V A.G (1911) 1 KB 410it was decided that it was unnecessary to have a cause of action in order toobtain declaratory relief. This opened the door to proceedings for a declarationagainst the Crown, at least where the estate of the Crown was not involved (at421), without the necessity of proceeding by petition of right.. In suchproccedings there would he no question of obtaining an injunction.So far as civil proceedings were concerned the position was transformed by the1947 Act section I enabled the Crown to be sued directly in those situationswhere pripor to the Act a claim might have been enforced by petition of right.Section 2 in general permitted actions to be brought against the Crown in respectto torts committed by its servants or ages for any breach of its duties which gaverise to a tortuous liability (including a breach of statutory duty where the breachcreated a cause of action). Section 2 did not remove the right to sue the actualtortfeasor.Part II of the 1947 Act deals with Jurisdiction and Procedure. Section 17 Providesfor the Minister for the Civil Service to publish a list of authorized governmentdepartments for the puposes of the Act and requires civil proceedings against theCrown to be instituted against the appropriate authorized governmentdepartment oc, if there is no appropriate authorized department or where there is572