Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1970) JELR 63684 (HC)    
High Court  ·  7 Dec 1970 ·  Ghana
Other Citations
[1971] 1 GLR 176 - 190

Ratio Decidendi

Core Terms Beta
customary law
common law
native law
applicable law
special damages
smith j.
district magistrate
good conscience
akan law
high court
ollennu j.a.
appellate court
court of appeal
defamation of character
first defendant
local courts
local courts act
benefit of any local law
civil proceedings
clear provision of paragraph
criminal offences
decision of the district magistrate
disreputation of a person
district court magistrate
dr. danquah
exceptional cases
express rule
fanti customary laws
first appellant
first witness
following rules
independence section
judgment of the high court
personal property
record of proceedings shows
repository of the rules
rules of english law
said courts ordinance
said parties
special damages n
state council
such commonplace assertions
such serious assertions
suit of this nature
taylor j.
trial court
unitary state


The plaintiff-respondent (hereinafter called the respondent) claimed from the defendants-appellants (hereinafter referred to as the appellants) the following as appears in her writ of summons:

“N¢200.00 damages from the defendants jointly and severally for defamation of character and insults as follows:

On Tuesday 28 March 1967 at 4 p.m. the first defendant told the plaintiff that plaintiff had become proud because of legacy. She further told the plaintiff that plaintiff is a slave. The plaintiff’s room is dirty and when her father died it was the defendant who took water and washed the room.

Second defendant: The defendant shouted and beat a bucket saying that the plaintiff does not know that she is a slave because she is young.”

At the trial it was established and accepted by the court that on the day in question a quarrel developed between the appellants and the respondent during which the words complained of were uttered by the appellants. It is not necessary therefore to g…

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