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AFRIFA
V.
CLASS-PETER

JELR 82645 (CA)

Court of Appeal Ghana
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- The Court of Appeal upheld the trial court’s award of damages for breach of promise to marry, finding that no valid marriage existed under either Ga customary law or the Marriage Ordinance, as essential formalities were not observed. - Th

Case Details

Judges:LASSEY, SOWAH AND FRANCOIS JJ.A.
Other Citations:[1975] 1 GLR 359-366

JUDGEMENT

FRANCOIS J.A.

This is an appeal from the decision of the Circuit Court, Accra, whereby the appellant was condemned in damages in the sum of ¢2,000.00 for breach of his promise to marry the respondent. The facts may be shortly stated.

The respondent is a school teacher and the appellant a businessman. After an initial attraction for each other they exchanged vows to seal their relationship in marriage. The appellant appears to have been the prime mover in this attempt to regulate their relationship into something of permanence. To this end, he sent to the family of the respondent, gifts of money, drinks, a ring and a Bible. There is no denial that thereafter the respondent allowed herself to be seduced by the appellant. The couple later set up a home and cohabited together. The respondent abandoned her avocation as a teacher of domestic science and waited expectantly for the joyful day. There were four postponements of the marriage ceremony, all at the instance of the appell…

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