NKRUMAH v. ATAA

Osei-Hwere J. heard an appeal from the District Magistrate Grade II at Goaso, where the plaintiff obtained judgment on a defamation claim arising from an altercation at M.T.C. quarters in Mim. The defendant publicly asserted that the plaintiff had slept in a room arranged with another man, wet a bedsheet, and fouled it with vaginal discharge, later boasting he would identify the man and ultimately claiming it was himself. Addressing counsels dispute over the applicable law, the judge held that slander between Ghanaians subject to customary law is governed by customary law, not the English common law, and rejected the notion that Act 372 should retrospectively govern substantive rights on appeal. On the evidence, the court found abundant support for publication and defamatory meaning, emphasized appellate deference to credibility findings, and affirmed liability. The court recognized the aim of customary slander to vindicate reputation and, though condemning the defendants conduct, reduced damages from N¢200.00 to N¢100.00, dismissing the appeal otherwise and awarding N¢25.00 costs to the plaintiff.