Attorney General v. Wilson and Another – sllr 1997 volume 2 page 349

In Attorney-General (State) v. Wilson and Another, the central issue involved the applicability of prescription against the State in an action for damages arising from a motor vehicle collision occurring on 7 October 1981. The court considered whether the State’s cause of action was time-barred under the Prescription Ordinance and the principles of Roman Dutch Law, with specific attention to the distinction between alienable and inalienable rights in the context of State immunity from prescription. It was determined that prescription is applicable against the State in respect of rights that are not inalienable, and that no statutory extension under the relevant Prescription Ordinance provisions could be invoked by the State. The holding reaffirmed that actions by the State for damages, whe

REF: sllr 1997 volume 2 page 349 Category: Tag:
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