ANIMA VERONICA v. DARKOAA AND MAAME YAA

INTRODUCTION

ACTION

Plaintiff herein sued the Defendants on the following terms:

Particulars of claim

a. “The plaintiff claim from the defendants is for General Damages for tarnishing her

reputable image in the public place and in the presence of rightful thinking people

of Yamfo. To wit Tuutuu nii baa, sansanii baa which literally means prostitute and

useless woman with decay teeth, an old lady whose virginal sweet her and always

use her bottom to attract men.”

b. General Damages for unlawful battery.

Facts

From the summary of subject matter of claim accompanying the writ of summons and

subsequently in the Statement of Claim, Plaintiff avers that She is a farmer and lives in

Yamfo and that on 30th June 2021 a quarrel ensued between her in-laws and the

Defendants. According to the Plaintiff, she went to separate them and immediately 1st

Defendant saw her she started insulting her to wit:

Tuutuu nii baa, obaaberewa a wotwemu ye wo de which literally means prostitute and

useless woman, an old lady whose “vagina sweets her” and always use her bottom to

attract men and could not wait for her husband when he travelled in the presence of

rightful thinking people at Yamfo. (SIC). Plaintiff says per the above statements, the 1st

Defendant has ridiculed her hard-won reputation as a married woman. Plaintiff claim

against the 2nd Defendant is that 2nd Defendant assaulted her without a just cause.

According to Plaintiff, those allegations by 1st Defendant have tarnished her hard-won

reputation and the 2nd Defendant assaulted her without just cause, hence the action.

Plea:

The Defendants pleaded not liable to the reliefs sought by the Plaintiff setting up the

matter for trial.

The case of the Defendants

The Defendants denied the claims of the Plaintiff. 1st Defendant’s defence is essentially

that she has not defamed the Plaintiff whiles 2nd Defendant’s case is simply denial of the

case of assault/battery the Plaintiff has made against case.

Written Statements

The suit being an action for defamation, the court ordered parties to file written

statements (pleadings) in accordance with the requirements of C. I. 59 (Order 18 Rule 1(3)

which said order the parties complied with.

ISSUES FOR DETERMINATION

1. Whether or not the Plaintiff has made a case of defamation against the 1st

Defendant

2. Whether or not the Plaintiff has established her case of assault/battery against the

2nd Defendant

MODE OF TRIAL

The court ordered parties to