AFRIYIE v. DANSOWAH

JUDGMENT OF SARKODEE J.

The plaintiff brought an action against the defendant in District Court Grade II, Takoradi, for slander. The words complained of were that the plaintiff was a witch and that by her witchcraft she had killed Atta Maame and had taken over the stall of the deceased in the market and occupied it; that by her act the plaintiff had committed an offence against Almighty God; finally that every person in Takoradi market knew that the plaintiff was a witch. By reason of the words complained of the plaintiff said she had been greatly injured in her character, credit and reputation. She added that since the defendant uttered these words, "People fear to buy things from her." She therefore claimed ¢1,000 damages for slander.

The defendant counterclaimed from the plaintiff the sum of ¢1,000 damages also for slander. According to the defendant the offending words were that she, the defendant, was a prostitute who had had sexual intercourse with all the men in Takoradi although the defendant was married, and lastly that she was a witch.

[p.174]

The magistrate dismissed both the plaintiff's claim and the counterclaim on the ground that:

"There is a belief that each of the parties before the court used some kind or kinds of abusive word, or words against her neighbour, so also I believe that the words in the claim may or may not be used by the parties against her neighbour."

Above all he said there was no sufficient evidence before him to believe the stories of the parties. The plaintiff appealed against the judgment but the defendant did not appeal against the order dismissing her counterclaim.

The plaintiff and the defendant were both yam sellers at the Takoradi Central Market. On the day in question someone had wanted to buy yams from the plaintiff but one Atta called him and he bought those of Atta instead. The plaintiff queried Atta. Then the defendant suddenly accused the plaintiff of being envious ("skin pain"). The plaintiff therefore told the defendant she was not talking to her. The defendant left the scene but returned shortly afterwards and went straight to the plaintiff's stall and slanged words at her in the course of which she uttered the words complained of by the plaintiff. The plaintiff denied she ever quarrelled with the defendant and said it was the defendant who rather threatened to beat her up but that she remained in her stall while the defendant insulted her. After the incident in the market the defendant made effort