YANNEY v. NYAMEKYE

EXTRACT FROM JUDGMENT: “The right to recover damages in this type of action is available both at common law and in native custom, and so the plaintiff who is native is at liberty to bring either form of action. In the present appeal, the question which arose is this: considering the form of action adopted by the appellant could it be said that she had proved the necessary ingredients as required, namely, the relationship of master and servant and loss of service?

Proof of these ingredients is essential in an action for seduction at common law, whereas under customary law if a man seduces an unmarried woman of the type in this appeal, he is automatically liable to pay her or her family damages for the wrong so done to her and the disgrace brought on to her family. As damages are presumed to have been sustained, whenever an injury is done to the right of a party, the seduction of the appellant’s relative may be an invasion of her legal right of giving her the right to recover damages without necessarily proving loss of service as is required under common law.

This common law causes of action is usually by the master or a person in loco parentis to the girl or woman debauched on the ground that the maser or person in loco parentis has been deprived of the services of his or her servant as result of the debauchment and consequent confinement or illness.”