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NKRUMAH AND ANOTHER v. MANU

1970

HIGH COURT

GHANA

CORAM

  • TAYLOR J

Areas of Law

  • Tort Law
  • Civil Procedure
  • Conflict of Laws

AI Generated Summary

Taylor J. considered an appeal from a District Court decision awarding the respondent damages for defamation following a village quarrel in which the first and second appellants allegedly called her a slave and made other disparaging remarks. The magistrate believed only the appellants insulted the respondent and awarded N80 in special damages plus costs. On appeal, Taylor J. accepted that the parties engaged in a heated quarrel, with insults on both sides, and examined whether the case should be determined under customary or common law. Applying Rule 6 of paragraph 64(1) of N.L.C.D. 84, he held that common law governs because the respondent neither claimed customary law nor proved subjection to it. Under common law, slander is actionable per se only in narrow categories; no special damage was proved and the words were vulgar abuse spoken in heat of passion. He allowed the appeal and made no order as to costs.

JUDGEMENT