BANSON V. NANA

LASSEY J.: [His lordship stated the facts as summarised in the headnote and continued:] There is no doubt on the evidence that the words found to have been spoken by the defendant-appellant were so uttered in the heat of passion resulting from the altercation between him and the plaintiff about the settlement of the debt he alleged was due and owing by the plaintiff. It is clear to me from the nature of the plaintiff’s claim that her action was intended to be and was founded under customary law; this can be seen from the words alleged to have been spoken and also from the size of the sum claimed by way of damages. The record of the proceedings show that the action was first instituted in the former Municipal Court B of Cape Coast in or about March 1960, and was finally tried and conducted in the Local Court Division 2 held at Cape Coast. On 1 July 1960, the Courts Act, 1960,1 came into force and the Local Courts Act, 1958,2 was thereby repealed. At the time the action was instituted i…