BUSANGAH v. WIENAAH

ABOAGYE J. allowed an appeal from the Takoradi District Magistrate Grade II (Mr. J. K. Amponsah) in a civil action for damages for adultery. The plaintiff, employed at Prestea Gold Mines, alleged that his Sekondi landlord (the appellant) had carnally known his wife in their room against her will; the magistrate awarded N¢14.40, one bottle of whisky as a “satisfaction fee,” and N¢15.50 costs. On appeal, the appellant argued that a civil suit should not proceed before criminal prosecution for rape and that the judgment was against the weight of evidence. Reviewing Cheetham v. Bannerman, Smith v. Selwyn, Appleby v. Franklin, and Osborn v. Gillett, the court held the action was properly tried because the plaintiff was not the victim of the felony. Emphasizing that adultery must be proved beyond reasonable doubt, the court criticized the magistrate for going off the record and failing to give reasons, found the plaintiff’s proof insufficient, set aside the judgment, entered judgment for the appellant, and awarded N¢68.30 costs (including N¢63 counsel’s fee) plus taxed costs below.