Niyenna Vrs Awudu [2023] GHADC 99 (31 January 2023)

Niyenna Vrs Awudu [2023] GHADC 99 (31 January 2023)

The defendant breached the promise to marry the plaintiff by failing to perform marriage rites after eight years of cohabitation, justifying an award of damages. The evidence established joint cultivation of a cashew farm, entitling the plaintiff to a share of the crop for five seasons, though not land ownership. No...

Source-derived case information.

Citation
[2023] GHADC 99
Parties
Plaintiff: Abena Niyenna; Defendant: Kwasi Awudu
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 January 2023
Procedural Posture
Civil / Judgment
Outcome
Partly allowed
Legal Topics
Breach of Promise to Marry, Co Ownership of Farm Produce, Injunction, Damages
Source Language
english
Family Law Contract Law Property Law Breach of Promise to Marry Co Ownership of Farm Produce Injunction Damages

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Parties

Abena Niyenna

Plaintiff

Kwasi Awudu

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the promise to marry the plaintiff
  2. 2 Whether the defendant must give the plaintiff a fair share of the cashew farm
  3. 3 Whether the plaintiff is entitled to compensation for maize and cabbage farms

Ratio Decidendi

The defendant breached the promise to marry the plaintiff by failing to perform marriage rites after eight years of cohabitation, justifying an award of damages. The evidence established joint cultivation of a cashew farm, entitling the plaintiff to a share of the crop for five seasons, though not land ownership. No compensation was awarded for maize and cabbage farms due to circumstances beyond control and lack of entitlement.

Court Disposition

Partly allowed

Orders

  • Defendant to pay plaintiff GH¢5,000.00 for breach of promise to marry
  • Cashew crop to be shared equally (abunu) between parties for five farming seasons, starting next harvest; land ownership remains with defendant's family