Yaafo Vrs Andoh [2023] GHADC 583 (18 January 2023)

Yaafo Vrs Andoh [2023] GHADC 583 (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 initial contract subsisted. The plaintiff's evidence was consistent and credible, while the defendant's was inconsistent and unreliable. The counterclaim was procedurally defective and not properly before the court. Damages are awarded for breach of promise to marry, and the defendant forfeits any gifts or contributions made to the plaintiff.

Citation
[2023] GHADC 583
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. Defendant's counterclaim is dismissed.
Legal Topics
Breach of Promise to Marry, Damages, Customary Marriage Practices, Cohabitation, Counterclaim Procedure
Source Language
English
Family Law Contract Law Customary Law Breach of Promise to Marry Damages Customary Marriage Practices Cohabitation 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 initial contract subsisted. The plaintiff's evidence was consistent and credible, while the defendant's was inconsistent and unreliable. The counterclaim was procedurally defective and not properly before the court. Damages are awarded for breach of promise to marry, and the defendant forfeits any gifts or contributions made to the plaintiff.

Court Disposition

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

Orders

  • Defendant to pay plaintiff general damages of Ghc15,000.00 for breach of promise to marry.
  • Defendant to pay costs of Ghc5,000.00 to plaintiff.