The Accra Circuit Court has ordered a businessman in his 60s to pay GH¢200,000 to his former partner after finding that he breached a promise to marry her following an 11-year relationship.
In a ruling delivered by Justice Sedinam Kwadam, a High Court judge sitting with additional responsibility as a Circuit Court judge, the court also dismissed the businessman’s ejectment suit and held that the woman has a beneficial interest in a two-bedroom apartment located within a six-unit property at East Legon.
From Ejectment Suit to Constructive Trust
The case began as a suit by the businessman seeking to eject the woman from the apartment. However, during proceedings, the woman filed a countersuit alleging breach of promise to marry.
Evidence before the court showed that their relationship spanned from 2013 to 2024. The woman supervised and managed the construction of the six-unit property for approximately four years while the plaintiff, who was not resident in Ghana at the time, remitted funds for the project.
Upon completion in 2017, she moved into one of the two-bedroom units at his request, and he later joined her after returning to Ghana.
Evidence of Promise to Marry
In her defence, the woman told the court that the businessman had promised to marry her, prompting her to leave her residence in Dansoman and fully commit to the relationship.
She presented evidence that:
- He was publicly listed as an in-law during her father’s funeral.
- He contributed financially and wrote a tribute.
- He gave her a ring, which the court determined was not a casual gift but intended to signal commitment.
- He appointed her as foreman on the construction project for about four years.
Justice Kwadam held that there was overwhelming evidence of a promise to marry and that the businessman’s conduct in 2024, which ended the relationship, amounted to a breach.
Damages and Compensation
The court awarded:
- GH¢50,000 in general damages
- GH¢150,000 in compensation
This brought the total award to GH¢200,000.
In addition, GH¢20,000 was awarded as costs in favour of the defendant.
Property and Vehicle Rulings
Although the businessman holds legal title to the East Legon property, the court applied principles of equity and imposed a constructive trust over the apartment.
The judge ruled that the woman has a beneficial interest in the two-bedroom unit and is entitled to continue living there.
On the issue of a Toyota RAV4 allegedly purchased for her, the court noted that the plaintiff had not specifically requested its return. As a result, she will continue to use the vehicle.
Age and Impact Considered
Justice Kwadam observed that both parties are above 60 years old and that the woman’s prospects of finding another suitor had diminished after spending 11 years in the relationship, including nine years of cohabitation.
The full written reasoning of the judgement is expected to be made available on February 24.
The ruling underscores the legal consequences of breach of promise to marry under Ghanaian law, particularly where substantial reliance and financial contributions can be established.
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