SMITH J.: This is an action for £500 damages for slander. The slanderous words which the plaintiff alleges that the defendant used were “slave and beast.”
I have no hesitation in accepting the evidence of the plaintiff’s witnesses that the defendant did in fact call the plaintiff by these names. That being so, the question is whether this action is one which should have been tried in the native court and not in the Supreme Court. Counsel for the defendant relied on the case of Kwaku v. Addo (2 W.A. L.R. 306). He argued that if the action was founded on English law it should be dismissed, because there was no proof of any special damage; alternatively, if it was founded on native law and custom then the case was at variance with the writ of summons. I would have agreed with this latter contention, but the plaintiff before trial sought and was given leave to amend his statement of claim by adding another paragraph as follows:-
“The plaintiff maintains that by native law and custom the wor…