VICARIOUS LIABILITY: Whether a state that is immune from tortious liability can be vicariously liable  

 

 Anonymous
Joined: 50 years ago
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17/06/2019 10:08 am  

"It is all settled that the State being immune from tortious liability cannot be held vicariously liable for tort committed by its servant. - See the dictum of Atkin L.J. in Mackennis-Kennedy v. Air Council (supra) and Bainbridge v. PostMaster-General (1906) I KB.178; Roper v. Public Works Commissioners (1915) IK.B. 45; in Raleigh v. Goschen (supra) at p. 78 Romer J. said, "Now, in the first place, in as much as the Plaintiffs could not sue the Crown for a past or threatened trespass, they could not in respect of any trespass, sue the defendants in the capacity of agents for as representing the Crown." In CHIEF DR. (MRS.) OLUFUNMILAYO RANSOME-KUTI & ORS. V. THE ATTORNEY-GENERAL OF THE FEDERATION & ORS Suit No; SC.123/1984 Per KARIBI-WHYTE, J.S.C (Pp. 78-79, paras. F-A)


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