ABOTCHIE vs. NUUMO

[His lordship in his ruling on the issue as to whether witchcraft could be proved and if so the mode of proof, said:] Sarbah in his book Fanti Customary Laws (3rd ed.) at p. 113 clearly states that “words imputing witchcraft” as in the present case, “are actionable and it is not necessary for the plaintiff in such a case to prove any special damage.” Danquah in Cases in Akan Law at p. xxiii agrees with Sarbah on this point and states that “it covers such serious assertions as that a person is an Odonkoba son of a slave, an Obayifo, a witch . . .” In the case under consideration, the defendant admits uttering the offensive words which imputed witchcraft to the plaintiff. The words in question are: “Tell your sister [meaning the plaintiff] that the reason why I do not speak to her is that she is a witch and she leads a gang of witches to come and eat me up.” The court must act with considerable caution in allowing fetish priests to testify as to the truth of such a...