HALL, J.-In this case, plaintiff claims £300 damages from defendant, for the seduction of his daughter Emma Micah. Plaintiff was married to the mother of the girl by native custom. The facts are not in dispute. Some time in October 1917, defendant had connection with Emma Micah at his house in Saltpond, and as a result a male child was born in June, 1918. The girl in question, at the time of this event was being educated at the Wesleyan Girls' High School and Training College, Cape Coast, and had previously undergone education elsewhere, and it was whilst she was staying with her father at Saltpond, that the connection took place. Service was proved.
In November 1917, defendant wrote exhibit "A" offering therein to marry the young lady, and subsequently in accordance with native custom sent two persons to the plaintiff with £I5, being £ro for plaintiff, and £5 for the daughter, to procure necessaries, and the money was refused. Defendant appears to have acted throughout in accordance with native custom.
Counsel for the defence, after the evidence of the plaintiff had been taken, contended that under section 19 of Chapter 7 of the Laws of the Gold Coast Colony, both parties being natives of the Colony, this case must come within native custom, and asked the Court, either to refer the case to the Native Tribunal under section 17 of Chapter 82, or else to call in Referees under section 77 of Chapter 7. It was agreed that this Court should take the evidence in the case, and that the points raised by Counsel be reserved for consideration. Under the Native Jurisdiction Ordinance (Chapter 82), a Native Tribunal has a limited civil jurisdiction up to £25, and it was contended that, in view of the fact that the girl has been educated after European methods, damages assessed according to native custom, if awarded, would not be adequate, and that in any event the fact of such education would remove a case of this nature from the Native Tribunal. Further, it was contended that, the claim being for £300, the jurisdiction of the Native Tribunal was thereby ousted.
Such a case as seduction appears to be obviously of the nature to be tried in accordance with native custom, all the more so perhaps because the English Law of Seduction is of such an extremely technical and peculiar nature. As the law stands at present, I am unable to find that the fact of a native being educated, could in such a case as this, entitle to damages greater than those allowed according to nati
