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Colonial Cases

Minor Cases, Gold Coast

Source: J.H. Sarbah, Fanti Law: Reports of Decided Cases on Fanti Customary Laws, Second Selection (Clowes and Sons, London, 1904)

 

January 20, 1845

INKEOMA v. KUACOE OBIL.

Rape.  Fine.

Accused was found guilty of committing rape on a small girl.  Ordered to pay a fine of eight dollars as satisfaction and to be imprisoned for one month; also to pay one dollar costs.

 

January 29, 1845

QUACOOM v. ANSA AND TAWEIA.

Liability of children for Debt of Mother - Long-standing claim - Reduction - Settlement.

Claim was 3 oz. 6 ackies, being amount of debt created by the mother of defendants a long time ago.  The defendants did not deny indebtedness of the mother.  On account of the age of the debt, it was ordered to be reduced, and on the payment of this the defendants to be absolved from any further claim which the plaintiff might have against them.

 

February 3, 1845

MENSA v. QUAINT ATOPIC.

Before J. Crouton, Acting Judicial Assessor.

Member of family - Liability - Slander of family - Breach of public Peace - Fine.

Plaintiff complained that there had been found, in the defendant's house, a few days ago, one of his sheep, and that he afterwards had the gong sent round the town to say that the plaintiff's family had been proved to be liars, etc., thereby tending to create a disturbance in the town, and disturbing the public peace.

Judgment.

Defendant to pay one dollar for his family's abuses of the plaintiff's, together with one dollar for costs.  And both parties to be bound over to keep the peace towards each other for a space of six months in a penalty of one ounce gold dust.

 

March 23, 1872

J. H. MIDLEY v. QUAMIN AMERIE AND ASSUABA.

Before Chalmers, Judicial Assessor.

Surety - Production of Principal Debtor - Liability

Judgment

It is clear that the defendants undertook to produce Kokobin, the principal debtor, whenever called by the plaintiff so to do, in order that he might recover his debt from her.  It appears that they were unable to do this, at the expiry of the three months allowed then, and consequently the alternative obligation then became of force against then of paying the debt, for otherwise the security they entered into was nothing but a meaningless form.  I think therefore that, laying aside even their undertaking to pay the debt, as to which there is some doubt, although strongly insisted on, on the side of the plaintiff, the defendants have become liable.  They must remember that they have gained the object they had in view, on the liberation of Mensah, and such being the case, it would be unjust that they should refuse to perform their reciprocal obligation.

NOTE: This judgment not having been satisfied, plaintiff Midley brought an action against Mensah, about the year 1895, before Mr. Justice Redwar, when he recovered judgment by consent.

 

February 8, 1861

It seems that Amba Danquah and her chiefs  and captains were not quite satisfied with this decision, and they accordingly addressed a memorial to the Governor, praying that his Excellency would be pleased to reconsider his decision, as it would, in their estimation, id carried out, lead to bloodshed and  confusion in their country; moreover, that Assin people would not suffer the Queen regent to assent to it, and that they, the chiefs and captains, could no longer serve her under those circumstances.  They asserted that it was unusual for a man having held so important a position as Apenquah to be permitted to transfer his allegiance from his lawful Sovereign to a rival power, taking with him a large number of people.  They declared that a pecuniary compensation did not, in such a case, make up for the loss of honour and dignity suffered.

   The Governor's decision was not disturbed.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School