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THE CASE LIBRARY

Case Title

AFFUL v OKYERE and Another [1997-98] 1 GLR 730 - 745 Holding 2

Case Principle
defamation under customary law; calling a party a witch and accusing of killing
Case Authority
Although to call somebody a witch under the common law was not actionable without proof of special damage, on the authorities under the customary law, it was actionable per se without proof of damage. In the instant case, the parties were Akans, and therefore the law applicable was the Akan customary law. Accordingly, the first defendant was guilty of defamation of character when he called the plaintiff “a witch” and accused her of having killed his two children. In the circumstances, the trial judge erred in dismissing the plaintiff’s action. Wankyiwaa v Wereduwaa [1963] 1 GLR 332 cited.