LAWGEEK LEARNING SERIES

Let's learn a little something about law now shall we.

You're welcome to LAWGEEK LAW SERIES, here we use a little time to learn about what the law says and just general legal knowledge, here you can ask questions and seek clarifications on the topic of the day, 

So let's assume that Chidinma's fiancee promised to marry her in November of 2019 but called off the engagement in January of 2020 to marry Unekwuojo, are there legal remedies available to her within the Nigerian law...... Let's examine the above scenario with the topic of today "BREACH OF PROMISE TO MARRY".

The technical term breach of promise to marry, is simply under the Nigerian law saying that an agreement from party A to marry party B is viewed as a legally binding contract and if a party can show that there was in actual fact an existence of a promise to marry and one party reneges , then a civil claim can be made.

For a civil claim in this regard to be successful the court per TOBI, JSC enumerated three elements that must be visibly proven by the aggrieved party, in the case of EZENAH V. ATTAH(2004)NWLR(PT.873)468..... 

A. The person jilted or aggrieved party must prove to the satisfaction of the court that there was in fact a promise to Marriage, and such promise need not be written, it can be proof of actual proposal ie an engagement ring, or proof of acceptance of marriage.

B. The party reneging has really and as a matter of fact failed or refused to keep the agreement of marriage.

C. Such promise must be backed with corroborated evidence in line section 197 Evidence act, 2011 and Sec 84 Evidence act 2011.

Now I know a lot of people will start thinking, but how do I sustain an action or sue someone who doesn't want to marry me...... Well your questions are in order as the court can't and won't force an unwilling party into marriage, However the courts can award damages to an aggrieved party when there has indeed been a breach of promise to marry.

N.B the only relief available in action for breach of promise to marry is damages.