ANIM VRS AHENKORAH AND ANOTHER (A2/13/23) [2023] GHADC 1023 (20 August 2023)

ANIM VRS AHENKORAH AND ANOTHER (A2/13/23) [2023] GHADC 1023 (20 August 2023)

The court found that the plaintiff’s financial advances to the 1st defendant were made in contemplation of marriage and/or as loans, and are recoverable upon breach of promise to marry. The 1st defendant’s admissions and lack of credible denial supported the plaintiff’s claim. The 2nd defendant was not liable as he did not guarantee repayment.

Citation
[2023] GHADC 1023
Parties
Plaintiff: Cynthia Anim; 1st Defendant: Richard Ahenkorah; 2nd Defendant: Kofi Asamoah
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 August 2023
Case Number
A2/13/23
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff against the 1st defendant; suit against 2nd defendant dismissed.
Legal Topics
Breach of Promise to Marry, Recovery of Gifts, Loan Recovery
Source Language
English
Family Law Contract Law Breach of Promise to Marry Recovery of Gifts Loan Recovery

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Parties

Cynthia Anim

Plaintiff

Richard Ahenkorah

1st Defendant

Kofi Asamoah

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a breach of promise to marry
  2. 2 Whether plaintiff’s financial assistance to 1st defendant were gifts or loans recoverable

Ratio Decidendi

The court found that the plaintiff’s financial advances to the 1st defendant were made in contemplation of marriage and/or as loans, and are recoverable upon breach of promise to marry. The 1st defendant’s admissions and lack of credible denial supported the plaintiff’s claim. The 2nd defendant was not liable as he did not guarantee repayment.

Court Disposition

Judgment for the plaintiff against the 1st defendant; suit against 2nd defendant dismissed.

Orders

  • 1st defendant to pay plaintiff GHC7200 as judgment debt.
  • 1st defendant to pay nominal interest of GHC500 on the judgment debt.