Some of the good defenses a defaulting party can employ her. The principle is that a person can sue for breach of promise to marry if a guilty party have made such kind of promise or assurance to the aggrieved party. The Respondent was in Nigeria, but he made visits to London to see the Appellant. Simply put, it means where there is a right, there is a remedy. The failure to fulfill a promise to marry is treated like a breach of contract. It should be noted that the knowledge of the above factors before making the promise to marry or accepting such promise may affect the validity of such defence (volenti non fit injuria). They are probate (where the deceased died testate) and administration of estate (where the deceased died intestate). The woman alleges her boyfriend seduced her and she agreed to have sex with him because she believed he was going to marry her. It is the way of the world” (emphasis is mine). An interesting and strange situation under Nigeria law is the fact that an individual can sue his or former partner for breach of promise to marry. 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. It would appear the love or romance continued when the appellant was in England. A promise to marry may give rise to a contract to marry. Before filing a lawsuit against an individual, one must determine whether there is a legally valid claim. 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. Contact EJSC Nationwide Email: isaacpromoqb@yahoo.com,isaacogbah@ejsconline.com Every Nigerian must have heard some parents say at some [...] Read More. Where it gives rise to contract to marry, it means that the valid elements of a binding contract are present and that the breach of the agreement can give the jilted party the right to sue for damages. [REGISTER] 4th Lawyers In Oil & Gas Conference: NOW ON SALE: “The African Union In International Law” By Prof. Nsongurua Udombana, LLD. Cloete v Maritz, involved a case where Ms Cloete and Mr Maritz got engaged in 1999. Betrothal, promise that a marriage will take place. We love meeting interesting people and making new friends. These are the following prerequisites: a) There must be evidence before the court that indeed there was a promise of statutory marriage (under the Marriage Act). The guilty party is of course given a chance to put up a defense. It is worthunpacking what the law of contract says about breach. For him, when the going was good he lavished love (I imagined it was reciprocated), money and eventually landed property on the appellant. It is also noteworthy that a claim could be maintained against a third party who induced the beach of the contract of marriage. The woman alleges her boyfriend seduced her and she agreed to have sex with him because she believed he was going to marry her. loss of financial benefits of the marriage; and; breach of her dignity and reputation. Posted in Securities Fraud. Second, it must be shown that one party to the agreement, whether the man or the woman, has failed or refused to honour the obligation. E-mail: thenigerialawyers@gmail.com, Plaintiff therefore decided to sue for breach of promise – Cloete v Maritz (2013(5) SA 448 (WCC). You can’t say because he broke your heart, you will sue him. The Action for Breach of Promise of Marriage 1. To view the full document, sign-in or register for a free trial (excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance). Erudite Judgement of the Supreme Court Report (EJSC)—Order now!!! If yes, will your action or case succeed? Breach Of Promise To Marry Under Customary Law: Heart Breakers Beware. You have to prove that you have suffered substantial damage either emotionally or financially. They include: fraud, duress, undue influence, mistake, illegality, incapacity, unconscionability, frustration, misrepresentation, etc. IS BREACH OF PROMISE TO MARRY AN ACTIONABLE WRONG? A man was arraigned before a court in the Federal [...] Read More. Honest Abe’s Jokes. The Nigerian culture takes marriage really serious; many young adults consider settling down as quite important and enter relationships with the intention of spending time with this partner. The only relief available for an action of breach of promise to marry is Damages. Foregoing her plan to further her studies on the clear term that it is on the premise of the promise. The Breach of a promise to marry is the f lip-side from the original common law contract dispute that we have known as “breach of the promise to marry.” In the olden days, the common law contract that was breached occurred when, after an engagement, the man failed to follow through with marrying the woman he was engaged to. READ ALSO: ‘Loaded’ marriage list in Nigeria driving young men to marry white ‘sugar mummies’ – Lawyer Olori Dammy wrote: "Both of them has … Thus we have in this case so much love and then so much pain. 'The Nigerian Marriage Act has given validity to this practice by enabling persons who are married under customary law to marry each other under the statute.' Falana Petitions UN Over Continued House Arrest Of Ugandan Opposition Leader,... Nigerian Prize For Leadership Pays A Courtesy Visit To ICMC. *BREACH OF PROMISE TO MARRY IN NIGERIA: What You Need To Know By Olusoji. The legal principle of Audi alterem partem comes into play. The law expects such lady to furnish consideration to support such promise for it to be binding in law. See also MARTINS V. ADENUGBA (1946) 18 N.L.R 63 and MABAMIJE V. OTTO (2016) LPELR 26058 (SC). Investment opportunity, Religion, Land policy, Agro - Allied Industry, Politics, Law | Leave a Comment » Honest Abe’s Jokes October 25, 2011. Criminal Liability for Breach of Promise to Marry Marriage Series, Family Law. ‘ There are 3 possible defence that can be used in order to escape liability from the breach of promise to marry, which are; Misrepresentation of Fact In order to establish this defence, the parties in default must prove that he or she has entered into the contract to marry as a … Appellant but the certificate of occupancy was signed by the details that you¦ve on this blog and not! His obligation to court demanding $ 7 000 for breach of his promise to marry justice... No criminal liability for a breach of promise to marry '' duress, undue influence, mistake illegality. 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