BUACHIE v. SAMMAN
July 18, 1980
HIGH COURT
GHANA
CORAM
- AMPIAH J
Areas of Law
- Tort Law
- Evidence Law
July 18, 1980
HIGH COURT
GHANA
CORAM
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JUDGMENT OF AMPIAH J.
In this action, the plaintiff claims from the defendant general damages for defamation. The defendant resists the claim and in turn counterclaims against the plaintiff for damages for unlawful sexual intercourse with his wife.
The plaintiff is an assistant director of the Ghana Education Service and the defendant is a general contractor. Both are stationed at Sunyani. The wife of the defendant, Miss Ackerson, around whom the case pivots is the headmistress of the Roman Catholic School, Sunyani. Both the plaintiff and the defendant belong to the Odd-fellows Lodge, a secret society, Miss Mary Ackerson belongs to the female section of this society. Until the dissolution of their marriage in or about June 1977 the defendant and Miss Mary Ackerson lived together as man and wife.
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According to the plaintiff, in October 1977 or thereabout, the defendant falsely and maliciously published in a letter to Mr. G. R. Bray, the Regional Director of the Ghana Education Service, Sunyani, a statement about and concerning him. The said statement alleged that he, through his position as assistant director, had had sexual intercourse with the defendant's wife, Mary Ackerson. This statement was also made to the parents of the defendant's wife as well as other persons. The plaintiff contends that this statement is defamatory and has greatly affected his reputation and seriously prejudiced his chances of promotion. He therefore claims damages for defamation.
The defendant does not deny writing the letter and making the statement complained of. He contends that he was justified in writing the statement because it was true. He further contends that even if the statement was not true, he made it on a privileged occasion without any malice.
To say or write of a married man that he has had sexual intercourse with another man's wife is clearly defamatory unless the statement is either true or is made on a privileged occasion. Since the defendant admits publishing the said statement about the plaintiff, the onus is on him to establish that the statement was true or that it was made on an occasion which was privileged.
The defendant gave evidence himself and depended upon this to establish his defence; he called no further evidence. It was his case that some time in July 1976, his wife, Miss Mary Ackerson, also referred to as Mrs. Mary Ackerson Samman and more popularly known within the lodge society as Sister Samman, told him she had been requested
AI Generated Summary
Ampiah J. adjudicated a defamation action arising in Sunyani’s education community and the Oddfellows Lodge. An assistant regional director of the Ghana Education Service alleged that a general contractor defamed him by reporting to Regional Director G. R. Bray and others that the official had sexual intercourse with the contractor’s wife, Miss Mary Ackerson, the headmistress of the Roman Catholic School, Sunyani. The contractor admitted the publications and asserted truth and qualified privilege, relying on an alleged confession and exhibits 2 and 3, and making related communications to Ackerson’s parents and to Mrs. Elizabeth Boateng, the women’s lodge head. The court held the defendant failed to prove the truth of the allegation, but found the communications to Bray, the parents, and the lodge head occurred on privileged occasions grounded in customary law, common interest, and public duty. Applying Horrocks v. Lowe, the court concluded no malice was proved to defeat privilege. The court dismissed the defamation claim and, for lack of proof, also dismissed the counterclaim.