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(1971) JELR 68265 (HC)

High Court  •  5 Apr 1971  •  Ghana



TAYLOR J.: The plaintiff-respondent (hereinafter referred to as the respondent) sued the defendant-appellant (hereinafter called the appellant) in the district court claiming the sum of N¢300.00 as damages, apparently for adultery with his, the respondent’s wife. His writ of summons at the District Court, Grade II, Tamale, contained the particulars of his claim formulated as follows:

“Plaintiff claims damages the sum of N¢300.00 against the defendant for intentionally and unlawfully having sexual intercourse with the plaintiff’s wife Muniratu whose child is under age which action is against Dagomba’s customary rites.”

It is clear from an examination of the respondent’s claim that he wants his claim to be decided in accordance with Dagomba customary law, namely, the rules of law which by custom are applicable to the Dagombas. This brings into consideration the provisions of paragraph 64 (1), Rule 6 of the Courts Decree, 1966 (N.L.C.D. 84), which provides as follows:

“Rule 6. Subject to t…

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