BREACH OF PROMISE TO MARRY: THE NIGERIAN PERSPECTIVE
BREACH OF PROMISE TO MARRY: THE NIGERIAN PERSPECTIVE[i]
By
Chukwunonso Augustus ANIEKWE Esq. (LLM, iv view)
Introduction
People enter into relationships for several reasons; enjoy their obligations and funs arising as a result of same. Sometimes several promises are made by the different parties which include but not limited to promise to marry. When the promise is made by a party to a relationship or exchanged by parties on the heat of passion of love, and in trust, the other party or both parties usually place heavy reliance on same in further consummating the promise and the relationship at large, and act positively towards one another, in more ways than one, not limited to sexual activities and premarital gifts etc. However, things may fall apart and the promises are not kept, leading to a breach of promise to marry. The big question is, to what extent is a breach of promise to marry enforceable in law? The focus of this piece is to briefly appraise the practicability or enforceability of a breach of promise to marry viz-a-viz the Nigeria perspective in matters relating to breach of promise to marry.
The Meaning of Marriage
Marriage, according to the Merriam-Webster dictionary is defined as the state of being united as spouses in a consensual and contractual relationship recognized by law.[ii] Marriage can also be defined as a contract mutually entered into by a man and a woman capable of contracting matrimony, that they will marry each other. Importantly, Marriage as distinguished from the agreement to marry and from the act of becoming married is the legal status, condition or relation of one man and woman united in law for life, or until divorced, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex.[iii] In other words, there is a difference between marriage and an agreement to marriage, however, an agreement, when mutually entered upon by parties is binding in law, provided it fulfils the requirement of the law.
Overview of Promise to Marryhttp://cityridemagazine.com/
A “promise” is defined as the manifestation of an intention to act or refrain from acting in a specified manner conveyed in such a way that another is justified in understanding that a commitment has been made. A promise to marry is thus defined as a “betrothal”, an “engagement to be married” also termed “agreement to marry”. The promise to marry contract comes into existence by the mutual exchange of promises by the parties to marry each other. A mere convivial or romantic relationship is not enough for a court to found an agreement to marry.[iv]
In the same vein as commercial contracts, a promise to marry can be oral, written or otherwise. As an oral contract, proof is determined by the same common law rules by which oral commercial contracts are judged. As a written contract, the evidence of personal letter indicating an agreement to marry is enough to establish proof. Promise to marry can be inferred from the action or conduct of the party making the promise. Any action or conduct which directly suggests promise would constitute evidence and therefore proof of promise to marry. (Dr Steve Ogan, 2008). In Aiyede vs Norman –William (1960) LLR 253, it was held that the promise to marry need not take the oral or written exchange of mutual promise.[v]
A germane criterion for a promise to marry to be legally binding apart from parties possessing the requisite legal capacity is that it must have consideration for it to be legally valid and enforceable. The evidence of consideration is the basis for establishing the existence of a contract. In a promise to marry case, the reciprocal promise of a woman to marry a man who promised to marry her is usually regarded as consideration. Other instances of consideration could include where for example a woman travels to another city/state/country to meet a man who promised to marry her, submission for sexual affairs, becoming pregnant for the man, exchange of premarital gifts in furtherance to the promise to marry.[vi]
Breach of Promise to Marry and its Enforceability in Nigeria
To constitute a breach of promise to marry, two elements are essential: First it must be proved to the satisfaction of the court that there was a promise to marry under the relevant law. 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.[vii] When the above are established, the injured party may sue the other for breach of the contract and claim damages thereof, although no damages may be recovered unless his or her testimony is corroborated by some other material evidence in support of such promise in line with section 197 of the Evidence Act 2004. What constitutes material evidence is a question of law for the court to determine.[viii]
The breach of promise to marry could either be in the form of non-performance or anticipatory breach. There may be non-performance where the time for performance is fixed, for example where parties agree on a particular date, the failure or refusal of one of the parties to turn up for the marriage constitutes a breach. Where no date is fixed, the law implies that the promise is one to marry within a reasonable time or at the request of one party. Where however, the promise is subject to a condition precedent, for example consent of parents, there can be no breach until the condition is satisfied or fulfilled. The case of Uso v Iketubosin [1975] WRNLR 187 depict this form. In that case, the defendant promised to marry the plaintiff in 1947. In 1957, the defendant married another woman in breach of his promise to the plaintiff. The Court held that the defendant’s act constituted a breach for which the plaintiff was entitled to damages.http://cityridemagazine.com/
So ladies, the next time your fiancĂ© chose to move on, or elope with another woman, don’t give him the hot oil treatment, for that could easily land you in jail. Sue him instead![ix] And vice versa.
To entitle the plaintiff to recover damages, however, the defendant must not have been incapable of making the contract at that time, and such incapacity must not have been known to the opposite party; as, if a married man were to promise to marry a woman, and he afterwards refused to do so.[x] Other defences are that the marriage is void under section 3 (1) (a) – (e) of the Matrimonial Causes Act. See the case of Oghoyone v Oghoyone (2010) LPELR – 4689 (CA) at page 11 D – F Per Rhode-Vivour JCA (as he then was). Others are deceit/misrepresentation, infidelity (with proof), illness and disease e.g. mental disorder.
CONCLUSION
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Marriage is not only a family, traditional, cultural, moral or religious issue. It is also a legal issue and should never be taken lightly as a breach of promise of marriage is actionable in law.
The problem with the enforcement of the breach of promise to marry in Nigeria is that majority, if not all of such cases are neither reported nor brought to court. The reason for that is not unconnected with our cultural, religious, traditional orientation; the fear of what the society/friends will say; the ‘leave it to God orientation’; the possible danger of the aggrieved party (who sued), not getting another suitor etc. This is actually the Nigerian, if not the African perspective and this is the reason such cases are not instituted, even in the midst of sufficient evidence to prove that a promise to marry was breached; even also in the midst of the plethora of cases where the Nigerian courts have safeguarded the rights of the wronged party to be entitled to damages. However, from the foregoing, it is submitted therefore, that when there is a breach of promise of marriage, an aggrieved party, whether male or female, may institute an action for damages. Such an aggrieved party does not have to suffer in silence, and should never resort to self – help. Where there is a clear breach of promise of marriage, aggrieved persons should therefore avail themselves of the machinery of the law to seek redress.
ENDNOTE
[i] Chukwunonso Augustus ANIEKWE, LLB (Hons.), BL, LLM (In View), (Specialty: ICT Law), Graduate Student, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria. Email: justiceaniekwe@gmail.com, Phone Number: +2348066922005.
[ii] Merriam-Webster, https://www.merriam-webster.com/dictionary/marriage, Accessed 30th April, 2021.
[iii] Breach of Promise to Marry: A Legal Perspective, https://www.alliancelf.com/breach-of-promise-of-marriage-a-legal-perspective/, Accessed 30th April, 2021.
[iv] T Orumor, and C A Olaifa, The breach of promise to marry and its legal consequences, https://guardian.ng/features/the-breach-of-promise-to-marry-and-its-legal-consequences/ . 2020, Accessed 29th April, 2021.
[v] Ibid.
[vi] Ibid.
[vii] See the case of Ezennah v Atta (2004) 2 S C (Pt 11) p 75.
[viii] T Orumor, and C A Olaifa.
[ix] Ibid.
[x] Promise of marriage, thelaw.com law dictionary & Black's law dictionary 2nd ed, culled from https://dictionary.thelaw.com/promise-of-marriage/, accessed on 29th April, 2021.
ABOUT THE AUTHOR
Chukwunonso Augustus ANIEKWE, LLB (Hons.), BL, LLM (in view), (Specialty: ICT Law), is a prolific writer, researcher and student. He holds his bachelor of law degree at the University of Abuja, and proceeded to the Nigerian Law School Enugu campus before he was called to the Nigerian Bar in 2018. Aniekwe is presently an external defence candidate at the Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State where he is pursuing his Masters degree in the area of ICT Law. He started his writing adventure during his years at the College of the Immaculate Conception (CIC) Uwani Enugu, thereafter he published his earliest books: The Rejected Stone and the Sacred Surrender in 2008 and 2009 respectively. Now training to become an academic, while he continues in the practice of law, Aniekwe has channelled his energies in writing of academic and research works and he has published several of those in both local and international journals; he has attended several local conferences and he presented a paper at the International Conference organized by the Conflict and Gender Rights Research Forum and Dominican University in collaboration with University of Nigeria, Nsukka, Nigeria; Nnamdi Azikiwe University, Awka, Nigeria; Veritas University, Abuja, Nigeria and Dominican University, Ibadan, Nigeria, at Dominican University, River Forest, Illinois, USA, 3-5 October 2019. Aniekwe intends to run a teaching career (if opportune) and professional career, while he intends to embark on human rights defence and advocacy through his NGO.
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