BREACH OF PROMISE TO MARRY: the elements

BREACH OF PROMISE TO MARRY: the elements

MISS CHINYE A.M. EZEANAH V. ALHAJI MAHMOUD I. ATTA
CITATION: (2004) LPELR-SC.226/2000
OTHER CITATIONS:
1 Ezeanah v. Atta (2004) 7 NWLR (Pt. 873)
2 (2004) 2 S.C. (Pt II) 75
3 (2004) 17 NSCQR 615

ISSUE

BREACH OF PROMISE TO MARRY: The elements breach of agreement or
promise of marriage.

PRINCIPLE

"Two elements are necessary to constitute a breach of agreement or
promise of marriage. First, the party jilted must prove to the
satisfaction of the court that there was in fact a promise of marriage
under the Matrimonial Causes Act, 1990, or under Islamic Law or under
Customary Law, on the part of the other sex. Second, the party
reneging has really, and as a matter of fact, failed or refused to
keep to the agreement of marriage.
Marriage is regarded as a very sacred institution both in our
jurisprudence and in our sociology. Accordingly an agreement to enter
into a marriage should leave nobody in doubt as to the real intention
of the parties to enter into a marriage. A mere convivial or romantic
relationship without more is not enough for a court to found an
agreement to marry." Per Tobi, JSC. (Pp. 21-22, paras. G-D)

MILORD