31/10/2024
BREACH OF PROMISE TO MARRY
Sally and Rikki were lovers. In the course of their relationship, Rikki is an Odogwu with doings, so he lavished gifts on Sally, including sponsorship for further studies abroad. Few years down the line, Sally decided to end the relationship. She moved on with another Dude.
Rikki was heartbroken 💔.
Anyway, the parties ended up in court. The particular issue that brought the parties to Court was the ownership of a plot of land which was acquired during their relationship. Sally claimed for the ownership of the property by seeking for declaratory, mandatory injunctive and damages as reliefs. She claimed that she applied for and completed the application form for the land in her own name , handwriting and signed it, and that she paid an application fee of ℕ300 and an additional sum of ℕ6,700.00 demanded by the Federal Capital Territory. Obviously, the money was given to her by Odogwu Rikki, but the certificate of occupancy was issued in the name of Sally.
Rikki took possession of the property and refused to give her the Certificate of Occupancy and instead started developing the land. He claimed that there was a breach of promise to marry on the part of the Sally, upon which basis he could no longer oblige her the property.
Rikki claimed that he paid for the property because Sally promised that she will marry him. So, he was taking it back since she had ended the relationship.
The court was called upon to decide:
i if there's actually promise to marry between the parties.
ii.Did Sally break the promise if there was actually a promise to marry between the parties?
The Court gave judgment in favor of Sally. The court said that “Premarital gifts in order to qualify as gifts in furtherance of an agreement to marry, must be clearly and unequivocally traceable to an agreement on the part of the parties to marry. Where gifts part from any of the parties to the other on love and not on the business of agreement to marry, with all the ingredients of offer, acceptance, consideration, intention to create legal relation and capacity to contract the agreement, the court must not come to the conclusion that parties agreed to get married hence the gifts".
The court was of the opinion that Odogwu Rikki should have spared himself the agony of going through the court processes. When the going was good he lavished love (Aunty Sally reciprocated), money and eventually landed property on Sally. When the tide turned, he fell back on non-existent agreement to marry and urged the Court to go the extra mile of pronouncing the existence of a resulting trust. Of course, the court refused to lend hand to assuage the feelings of a lover whose romance went awry.
One interesting thing about the case of breach of promise to marry is that the court cannot order specific performance. The court couldn't have ordered Sally to marry Rikki, even if she had promised him marriage. However, the court could order Sally to pay damages for breach of her promises if Rikki asked for it, and if there are no genuine reasons why she called off the marriage.
So, for men and women who go about promising others to marry them, there may be both civil and criminal consequences when you breach. For those who do joint businesses and give plenty gifts thinking in their own minds that there's a promise to marry, they may just end up like Odogwu Rikki. In any relationship endeavour, it is advisable to get things spelt out. Don't make assumptions!