Breach of Promise to Marry in Nigeria

A Promise to marry someone under the Nigerian Law is viewed as a binding legal contract; and if a party can show that there was actual fact in existence of a promise to marry, where one party reneges then the jilted party has the right to sue for damages. It will be pertinent to note that the mere exchange of love and affection are not enough to give rise to promise to marry. Ezeanah v. Atta (2004) NWLR (P+ 873) 468

In USO V. IKETUBOSIN (1975) WRNLR 187, the Faculty Law, OAU. Ile-If defendant promised to marry the plaintiff in 1947. In 1957 the defendant married another woman in breach of his promise to the plaintiff. Iswin, J., held that the defendant's act constituted a breach for which the plaintiff was entitled to damages. / It will be pertinent to note that the mere exchange of love and affection are not enough to give rise to promise to marry. EZEANAH V. ATTA (2004) 7 NWLR (PT. 873) 468. PROOF OF BREACH OF PROMISE TO MARRY The party jilted must prove to the CH G satisfaction of the court that there was in fact a promise of marriage under the Matrimonial fact in marry, then the Causes Act, 1990, or under Islamic Law or under Customary Law, on the part of the other sex.


rise for zeanal ta 73) 468 The party reneging has really, and as a matter of fact, failed or refused to keep to the agreement of marriage. In order to satisfy the court that there was a binding promise of marriage, the jilted party has to show that consideration was f


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