Power of the Council to prosecute or defend legal proceedings.
8.276
Appearance of the Council in legal proceedings. 8.277
Ord. No.1 of 1871.
Matters which need not be
proved.
8.278
Cape Coast T.C. Ord. 1944, s.105.
PART XIII
75
department or officer thereof under the provisions of this
Part of this Ordinance shall have all the functions and
privileges and may exercise all the powers which an officer
or employee of the Council would have and might exercise in
performing those duties.
Legal Proceedings.
129. Where the Council deem it expedient for the
promotion or protection of the interests of the inhabitants
of the Municipality they may prosecute or defend any legal
proceedings.
130, The Council may by resolution authorize any member
or officer of the Council, either generally or in respect af
any particular matter, to institute or defend on their behalf
proceedings before any magistrate or to appear on their behalf
before any magistrate in any proceedings instituted by them
or on their behalf or against them, and any member or officer
so authorized shall be entitled to institute or defend any
such proceedings and, notwithstanding anything contained in
the Legal Practitioners Ordinance, 1871, to conduct any such
proceedings although he has not been admitted and enrolled as
a barrister or a solicitor.
131. In any proceedings instituted by or against the
Council it shall not be necessary to prove
(a) the persons constituting the Council or the limits
of the Municipality; or
(b) the decision of the Council to prosecute or defend
any proceedings; or
(c) the authorisation of any person under section 130
of this Ordinance; or
(a) the presence of a quorum of the Council or any
camittee therear at the passing of any resolution
or making of any order,
unless evidence is given to the contrary:
Provided that nothing in this section shall prejudice the
right of a defendant to take or avail himself of any objection
(72)