NKRUMAH v. ATAA

JUDGMENT OF OSEI-HWERE J.

This is an appeal against the decision of the District Magistrate Grade II, Goaso, wherein judgment was entered in favour of the plaintiff-respondent (hereinafter called the plaintiff) on her claim for defamation and N¢200.00 damages together with N¢7.50 costs awarded against the defendant-appellant (hereinafter called the defendant). The endorsement on the plaintiff's summons is as follows:

(1) That about 5.30 p.m. yesterday, the 7th day of March, 1971, at M.T.C. quarters-at Mim and before many people the defendant maliciously and falsely made allegation against plaintiff that when he (defendant) arranged plaintiff to spend a night with another man, plaintiff passed water on bedsheet on which plaintiff slept with the man and also spoiled the same bedsheet with water from her (defendant's) vagina.

This allegation made against the plaintiff by defendant has putting [sic] plaintiff into disgrace and laughing stock and has also defamed plaintiff's good name and reputation in the public. Plaintiff therefore wants the defendant to point the man who defendant alleged slept with the plaintiff and also show where and when plaintiff did commit such disgraceful act."

The brief facts of the case are that the plaintiff was passing by when the defendant called her. When she got to the defendant he made some [p.16] derogatory remarks about her brother's marriage to the woman the defendant claimed is his niece. The plaintiff went home and brought the brother's wife to ascertain whether the defendant was her relation. She denied any relationship between them. The plaintiff then went and brought her brother to listen to what remarks the defendant had made about him and when they got to the defendant he is alleged to have uttered the following words, "Ataa you are not civilised; I thought as you come from Kumasi you would be civilised, not knowing you are not civilised at all." These words sparked off some altercation between the plaintiff and the defendant during which the defendant is alleged to have uttered the words complained of against the plaintiff.

The defendant admitted that he met the plaintiff and that upon the remarks he made (of which the defendant gave a different version) the plaintiff brought in her brother and abused him saying he was a useless man. The defendant, thereupon, asked the plaintiff whether she would like it if he were her husband. It is alleged that the plaintiff replied that the defendant's room smells to whi