Yaafo Vrs Andoh [2023] GHADC 307 (18 January 2023)

Yaafo Vrs Andoh [2023] GHADC 307 (18 January 2023)

The defendant breached his promise of marriage to the plaintiff under the Ordinance by making a subsequent promise of marriage to another woman while the contract with the plaintiff subsisted. The counterclaim was not properly before the court due to procedural non-compliance. Plaintiff is entitled to damages for breach, but not to compensation for alleged work or expenses, and defendant forfeits any gifts or contributions made to plaintiff.

Citation
[2023] GHADC 307
Parties
Plaintiff: Ruth Yaafo; Defendant: Eric Andoh
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 January 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim for damages for breach of promise to marry is allowed; counterclaim dismissed.
Legal Topics
Breach of Promise to Marry, Damages, Customary Marriage, Counterclaim Procedure
Source Language
English
Family Law Contract Law Customary Law Breach of Promise to Marry Damages Customary Marriage Counterclaim Procedure

Case Brief

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Parties

Ruth Yaafo

Plaintiff

Eric Andoh

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the promise of marriage under the Ordinance
  2. 2 Whether the plaintiff is entitled to compensation for breach of promise to marry
  3. 3 Whether the defendant is entitled to recover monies and properties given to the plaintiff

Ratio Decidendi

The defendant breached his promise of marriage to the plaintiff under the Ordinance by making a subsequent promise of marriage to another woman while the contract with the plaintiff subsisted. The counterclaim was not properly before the court due to procedural non-compliance. Plaintiff is entitled to damages for breach, but not to compensation for alleged work or expenses, and defendant forfeits any gifts or contributions made to plaintiff.

Court Disposition

Plaintiff's claim for damages for breach of promise to marry is allowed; counterclaim dismissed.

Orders

  • Defendant to pay plaintiff Ghc15,000.00 as damages for breach of promise to marry.
  • Defendant to pay plaintiff Ghc5,000.00 as costs, with interest at prevailing bank rate from date of judgment until payment in full.