The Accra Circuit Court has ordered a businessman in his 60s to pay GHC200,000 in compensation to his former lover in a case of breach of promise to marry.
The case, which started as a suit for an ejectment order against the woman, ended with the court finding a breach of promise to marry and the imposition of a constructive trust over an East Legon property.
The case, presided over by Justice Sedinam Kwadam, detailed a dispute stemming from an 11-year amorous relationship between 2013 and 2024.
The businessman had sued his former lover, seeking an order to eject her from a two-bedroom apartment within a six-unit property owned by the plaintiff at East Legon.
According to evidence before the court, the property was not completed when the relationship began.
The defendant actively supervised and managed the construction of the six-unit property while the plaintiff, who was not resident in Ghana, remitted money for the project.
Upon completion, the plaintiff asked the defendant to move into one of the two-bedroom units in 2017. He later joined her upon his return to the country.
The countersuit
In response to the suit against her, the defendant filed a countersuit, claiming that the businessman had promised to marry her.
She told the court that the promise caused her to leave her residence in Dansoman and fully commit to the relationship.
As part of her evidence before the court, the defendant indicated that the plaintiff was listed as an in-law during her father’s funeral. He also contributed financially and wrote a tribute.
She further noted that he gave her a ring and appointed her to act as a foreman on the construction project of his six-unit house for about four years.
As part of the reliefs she sought:
US$40,000 for breach of promise to marry
The right to remain in the two-bedroom unit
Retention of a Toyota RAV4, allegedly purchased for her
In delivering her judgement, Justice Kwadam, a High Court judge with additional responsibility as a Circuit Court judge, indicated that, based on the evidence before the court, there was indeed a promise to marry.
The court found that the ring was not a casual gift but was given to ward off other men’s attention, which signalled clear intent.
The judge further noted that the defendant supervised construction for four years, the plaintiff openly associated himself with her family as an in-law without protest, and made contributions during her father’s funeral.
The court again held that there was overwhelming evidence of a promise to marry and that the businessman’s conduct in 2024, which terminated the relationship, amounted to a breach.
Justice Kwadam observed that since both parties are above 60 years old, the defendant’s prospects of finding another suitor had diminished after the 11-year relationship, during which she lived with him for nine years.
On the issue of the house, the court indicated that although the plaintiff holds legal title to the property, principles of equity would apply and the defendant would hold it under a constructive trust.
The court found that the defendant has a beneficial interest in the two-bedroom unit and therefore dismissed the ejectment suit.
It held that she is entitled to continue living in the apartment.
Breach of promise to marry
For the breach of promise to marry, the court awarded:
GHC50,000 in general damages
GHC150,000 in compensation
This brings the total award to GHC200,000.
The court also ruled that since the businessman did not specifically request the return of the Toyota RAV4, the defendant would continue to use the vehicle.
Additionally, costs of GHC20,000 were awarded in her favour.
The full reasoning of the case will be available on February 24.
Source: 3news
