Facts of the Case
In this case, Benjamin Yeboah Anokye and Priscilla Atsu were in a romantic relationship from 2011 to 2017, during which they had a son together. During the relationship, the man relocated the woman from Tamale to Kumasi, introduced her as his fiancée, accepted responsibility for their child, and accommodated her and the child in his house.
The woman claimed that the man promised to marry her and also gifted the house to her after she performed the customary “aseda” (thanksgiving ceremony). When the relationship ended, she sued for a declaration that she owned the house; an injunction restraining the man from interfering with her occupation; damages for breach of promise to marry; and other reliefs.
The man denied promising marriage or gifting the house and argued that he was already married under the Ordinance and therefore could not legally promise to marry another woman.
Legal Issues
(a) Whether a person already married under the Ordinance can be held liable for breach of promise to marry another person.
(b) Whether the respondent proved that the house had been validly gifted to her.
Principles
(a) Breach of promise to marry remains actionable under Ghanaian common law.
(b) An existing Ordinance marriage is not a defence where the promisor induced another person to believe marriage would follow.
Holding
The Court of Appeal upheld the award of GH¢40,000 as damages for breach of promise to marry. The Court held that the appellant’s existing marriage did not shield him from liability because his conduct established a genuine promise to marry. The Court further set aside the High Court’s order allowing the respondent to remain indefinitely in the house but granted her three months to vacate after payment of the damages and reimbursement.
How do you Apply the Principle?
This case may be relied upon where a party seeks damages after reasonably relying on a promise of marriage that is later unjustifiably broken.
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