BUACHIE vs. SAMMAN [1980]DLHC2110

Date	1980-07-18
Suit No.
Citation No.	[1980]DLHC2110

AMPIAH J.

W. Y. OPPONG FOR THE PLAINTIFF.

POBEE FOR THE DEFENDANT.

[1980]DLHC2110
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													<main id="main" class="content" style="min-height: 60rem" >BUACHIE <o:p></o:p>vs. <o:p></o:p>SAMMAN <o:p></o:p>[HIGH COURT, SUNYANI]<o:p></o:p>[1982-83] GLR 797<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
18 JULY 1980<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

W. Y. OPPONG FOR THE PLAINTIFF. <o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

AMPIAH J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMPIAH J.<o:p></o:p>In this
action, the plaintiff claims from the defendant general damages for defamation.
The defendant resists the claim and in turn counterclaims against the plaintiff
for damages for unlawful sexual intercourse with his wife.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff is an assistant director of the Ghana Education Service and the
defendant is a general contractor. Both are stationed at Sunyani. The wife of
the defendant, Miss Ackerson, around whom the case pivots is the headmistress
of the Roman Catholic School, Sunyani. Both the plaintiff and the defendant
belong to the Odd-fellows Lodge, a secret society, Miss Mary Ackerson belongs
to the female section of this society. Until the dissolution of their marriage
in or about June 1977 the defendant and Miss Mary Ackerson lived together as
man and wife.<o:p></o:p><o:p>&nbsp;</o:p>According
to the plaintiff, in October 1977 or thereabout, the defendant falsely and
maliciously published in a letter to Mr. G. R. Bray, the Regional Director of
the Ghana Education Service, Sunyani, a statement about and concerning him. The
said statement alleged that he, through his position as assistant director, had
had sexual intercourse with the defendant’s wife, Mary Ackerson. This statement
was also made to the parents of the defendant’s wife as well as other persons.
The plaintiff contends that this statement is defamatory and has greatly affected
his reputation and seriously prejudiced his chances of promotion. He therefore
claims damages for defamation.<o:p></o:p>The
defendant does not deny writing the letter and making the statement complained
of. He contends that he was justified in writing the statement because it was
true. He further contends that even if the statement was not true, he made it
on a privileged occasion without any malice.<o:p></o:p><o:p>&nbsp;</o:p>To say or
write of a married man that he has had sexual intercourse with another man’s
wife is clearly defamatory unless the statement is either true or is made on a
privileged occasion. Since the defendant admits publishing the said statement
about the plaintiff, the onus is on him to establish that the statement was
true or that it was made on an occasion which was privileged.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant gave evidence himself and depended upon this to establish his
defence; he called no further evidence. It was his case that some time in July
1976, his wife, Miss Mary Ackerson, also referred to as Mrs. Mary Ackerson
Samman and more popularly known within the lodge society as Sister Samman, told
him she had been requested by the assistant director of schools to collect her
teachers’ certificate from her former principal at the Women’s Training
College, Tamale. He asked why her certificate should be asked for at this time
when she had since completing her training taught for some years without it.
Her reply was that other teachers had been asked to produce theirs. He further
asked whether it would not be possible to have the certificate sent to her by
telephoning the principal. She answered that that could not be done; besides,
she had been invited by the Chairman of the Schools and Colleges Sports
Association to help officiate at a sports meeting at Tamale during that period.
Asked who would be footing the expenses, her wife told him that the expenses
would be refunded by the Ghana Education Service later. She was to lodge at the
Catering Rest House at Tamale. He said that even though he did not know who the
chairman of the sports association was, he knew the assistant director of
schools in the region to be the plaintiff. He gave the wife ¢143 and as he
himself was travelling to Accra on the same date, he accompanied her to the
Sunyani Airport to board a plane for Accra en’route Kumasi. It was however
strange to him when at the airport he found the plaintiff also ready to embark
on the same plane for Tamale.<o:p></o:p><o:p>&nbsp;</o:p>