Boosh. Ezeanah vs … The court cannot hold that there is a valid contract of marriage where the basic elements are lacking. Another interesting and strange situation under Nigerian Law, is the fact that an individual can sue his/her former partner for breach of promise to marry – Ezeanah … (b) it must be shown that one party to the agreement has failed or refused to honour his obligation. E-mail: thenigerialawyers@gmail.com, editor@thenigerialawyer.com, For News/Article Two elements are necessary to constitute a breach of promise to marry: a) it must be proved to the satisfaction of the court that there was promise of marriage under the Marriage Act. Allowing him to come and see her parents officially (maybe through or with his parents). The Court found that to hold a party accountable on a rigid contractual footing where such party failed to abide by a promise to marry did not reflect the changed mores or public interest. If he lies to you that he will marry you and he did not after sleeping with you, sue his ass!’. Breach of promise to marry: If you promise to marry a person and fail to keep that promise, you can be sued at a court. Criminal Liability for Breach of Promise to Marry. Notwithstanding the above, there are defences a party can put up as justification for breaching the contract of marriage. Getting pregnant on the agreement of the parties in furtherance of the promise. I see something truly interesting about your site so I The Supreme Court per Niki Tobi J.S.C. Di case say Getrude Ngoma, 26, complain give local court say oga Herbert Salaliki don dey waste time to marry am even after e bin promise say e go marry her. Premarital gifts, in order to qualify as gifts in furtherance of an agreement to marry, must be clearly, cleanly and unequivocably traceable to an agreement on the part of the parties to marry. Secondly, parties are advised to clearly define and agree on the contract of marriage and should not leave everything to assumption. It is the breach of this promise to marry that the writer wishes to examine, thereby informing each party the extent of his rights and liabilities. If you do sue him, you may not be successful because he too may come prepared with details of all the “pepper you have shown him”. Posted in Securities Fraud. By Seyi Arowosebe When lawyers file petitions for divorce or judicial separation in the registry of the... FacebookTwitterEmailLinkedInWhatsApp IMPACT OF CORONAVIRUS ON CONTRACTS – By Mosebolatan Oyedeji It is indeed common knowledge that there is a contagious virus spreading fast across the world today. No. The state of affairs is simple under Nigerian law- an agreement to marry is viewed as a binding legal contract, and if a party can show that there was in actual fact an existence of a promise … The quantum of damages will flow directly from the breach. English (US) Español; Français (France) 中文(简体) If yes, will your action or case succeed? See section 133 of the Evidence Act, 2011. Consequently, the contract is not only fulfilled by the ceremony of marriage but also when the parties cohabit and live in … Whether reduction in affection could be a valid defence is a question of fact to be proved before the court. No wonder PATS-ACHOLONU JSC in EZEANAH V. ATTA (supra) had this to say: “In fact this is a case that the respondent should have spared himself the agony of going through the court processes. If yes, will your action or case succeed? Future loss (Prospective damages);and 3. It now begs the question that is it compulsory to marry someone you have proposed to? # sulejaneedyoualive. But to formally set a wedding and go through all the above-described preparation and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different. FCTA to evacuate “recalcitrant” COVID-19 patients to isolation centres Minister, Sultan declares sighting of moon, says Ramadan 2020 starts Friday, OAU Resumes Feb 7, Cancels 2020/2021 Session, UNN Releases Resumption Date For Undergraduate And Postgraduate Students, 2019/2020 Session. I found simply the info I already searched all over the place and just could not come across. In conclusion, a breach of promise to marry is an actionable wrong and an injured party can claim damages. The Nigerian Law Claz Site is founded by Daniel Mission Peter in the year 2017 who is also The-Editor-in-Chief. Iswin, J., held that the defendant’s act constituted a breach for which the plaintiff was entitled to damages. If anything, appellant said in her evidence that there was no issue of marriage between them.”, “While the law may at times require that an agreement to marry should be in writing, the law will be prepared to hold, in appropriate cases, that the parties intended to marry in the absence of any written agreement…, It seems to me that the learned trial Judge was carried away by the quantity, quality and magnificence of the gifts in coming to conclusion that there was an agreement to marry. held thus: “In view of the fact that the case of the respondent is breach of agreement on the part of the appellant to marry him, I will take here what constitutes breach of agreement to marry. Every Nigerian must have heard some parents say at some [...] Read More. 3. Plaintiff therefore decided to sue for breach of promise – Cloete v Maritz (2013(5) SA 448 (WCC). The breach can be express, like where the party expresses the intention not to continue with the marriage arrangement, it could be by implication, such as failure to attend the marriage ceremony, getting married to another person, as seen in USO V. IKETUBOSIN (supra), it could also be anticipatory such as avoiding further communications, etc. “Ubi Jus Ubi Remedium” that is the very foundation upon which our legal system is built. This is not in any way aimed at discouraging scorned ladies and gents out there. If you genuinely feel that a boyfriend, girlfriend, fiancé or fiancée have breached his/her promise of living forever after with you; I’m extrеmely inspired with your writing talеnts and also with the 10 Oct, 2017 - 02:10 2017-10-10T00:27:15+00:00 2017-10-10T02:04:50+00:00 0 Views. 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