BUSANGAH vs. WIENAAH

JUDGMENT OF ABOAGYE J. This is an appeal by the defendant (hereinafter referred to as the appellant) against the judgment of Mr. J. K. Amponsah, District Magistrate Grade II, Takoradi, given in favour of the plaintiff in an action for damages for adultery. The plaintiff’s case was based upon a report made to him by his wife that some time in August 1966, while he was working at the Prestea Gold Mines, the appellant, who was his landlord at Sekondi, carnally knew his (plaintiff’s) wife in the plaintiff’s room at Sekondi against her will. The appellant denied the accusation made against him and, therefore, refused to pacify the plaintiff. The latter then commenced this suit against him claiming N¢50.00 damages for adultery. After hearing evidence on both sides the magistrate gave judgment for the plaintiff and awarded him N¢14.40 and one bottle of whisky as “satisfaction fee” and N¢15.50 costs. At the hearing of this appeal, learned counsel for the appellant attacked the...