[1961]DLHC1980October 28, 1961High Court

ASANTE vs. SARPONG

The plaintiff, father of Lydia Asante, claimed damages for seduction against the defendant, alleging the defendant was responsible for Lydia's pregnancy. Lydia, born in 1943 and living with her father, gave birth on 17 May 1961. Lydia admitted to a sexual relationship with the defendant, who denied responsibility for the pregnancy, claiming their association ended in January 1960. Lydia denied sexual relations with any other man and no evidence suggested otherwise.

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JUDGMENT OF APALOO J. This is an appeal from a judgment of a circuit court which on the 28th January, 1963, dismissed a claim by the plaintiff against the defendant for damages for seduction. The plaintiff is the father of a young woman whose name is Lydia Asante. She was born in 1943, and at the time material to this action, lived with her father and attended school. She brought forth a child on the 17th May, 1961. That would indicate that she must have taken seed the previous August. The plaintiff claimed that she was debauched by the defendant whom he claimed was responsible for her pregnancy. Accordingly, he claimed damages against him for seduction. Lydia herself gave evidence and said the defendant was her boy friend. It was nothing like platonic friendship. It was clearly on the admitted evidence, a lewd form of association. Lydia said she frequently had sexual intercourse with the defendant. The defendant did not seek to dispute this. Indeed, he himself called one Kw...