"It's Your Right": Barrister Tells Nigerians They Can Sue Their Exes for Breach of Promise to Marry
- A barrister has informed people that it is well within their right to sue their exes for not marrying them as promised
- She said one has to demonstrate the existence of a promise and a reasonable reliance leading to loss or detriment to prove there was a breach
- Speaking on the matter with Legit.ng, another barrister, Ebimnamaonye Kizito Chidera, differed with his learned colleague and elaborated on why
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A Nigerian barrister, Stella Justice, has stated that people can sue their ex-partners for failing to fulfil their marriage promise.
Stella stated this in a Facebook post on Monday, October 21.
Source: Facebook
"YOU can SUE your EX for BREACH of PROMISE to MARRY and stop being EMOTIONAL.
"It's your right please," Stella wrote.
Stella explained breach of promise to marry
Elaborating on her earlier statement, Stella explained that a breach of promise to marry is a situation whereby a party fails to fulfil their promise to another, which has led to emotional distress and potential financial loss.
"Breach of promise to marry refers to a situation where one party fails to fulfil their promise or agreement to marry another, causing emotional distress and potential financial loss.
"In Nigeria, this area of law is governed by statutory provisions and recent judicial precedents."
Condition for breach of promise to marry
Speaking further on the matter, the barrister noted that a certain condition must be established for a breach of promise to marry. She wrote:
"To establish a breach of promise to marry, it is crucial to demonstrate the existence of a promise and reasonable reliance leading to loss or detriment.
"Individuals involved in such cases should seek legal advice and present compelling evidence in line with the Nigerian statutory authority and recent judicial precedents."
Stella cited a court case to buttress her statement on breach of promise to marry.
"In the case of Egbe v. Adefarasin (1987) NWLR (Pt. 133) 594, the Nigerian Supreme Court held that breach of promise to marry is actionable. The court emphasized that where there is a clear and unambiguous promise to marry, the aggrieved party is entitled to seek damages for the breach.
"The court highlighted the importance of proving the existence of a promise and reasonable reliance leading to a loss."
See the barrister's Facebook post here.
Barrister Ebimnamaonye Kizito differs
Reacting to barrister Stella's advise, a lawyer, Ebimnamaonye Kizito Chidera differed. He told Legit.ng that there must be a validity of a contract before a promise to marry can be binding in Nigeria. Barrister Chidera said:
"A promise to marry a person of the opposite gender in Nigeria without more does not bind parties.
"Before a promise to marry can become binding in Nigeria, it must have the validity of a contract which are:
1. Valid offer: For a promise to marry to be be legally binding, it must be made clearly, unambiguously and without any condition attached. If a person promises to marry you on a condition, such promise to marry will not be binding until the conditions are fufilled.
2. Valid acceptance: A contract involves two parties, there must be a mutual agreement to the terms (consensus ad idem). Therefore, it is of the essence that an offer to marry is accepted by the person to whom it is made.
"A promise made by one person to marry another is not binding unless and until there is a reciprocal promise by the other gender to marry the first person.
"3. Consideriation: There must be a valuable consideration. Contract must be supported by consideration from both parties for it to be enforceable. You must have given or forborne something in return for your spouse’s promise of marriage.
"4. Intention to create legal relations: Niki Tobi JSC in Ezeanah’s case (supra) where he stated that “…an agreement to enter into a marriage should leave nobody in doubt as to the real intention of the parties to enter into a marriage.
"A mere convivial or romantic relationship without more is not enough for a court to found an agreement to marry".
”5. Capacity to contract: The law will never enforce a contract entered into with a party that lacks the contractual capacity to do so. It is only people who are legally capable of marrying each other that can enter into a contract of the promise of marriage.
"The law is that a minor, a drunken person, or a person of unsound mind cannot contract."
Speaking further, he added:
"Although the Marriage Act does not expressly stipulate the marriageable age in Nigeria, section 18 of the Act implies that the legal age is twenty-one. The Child Rights Act of 2003 pegged the marriageable age at eighteen years, however, the Act does not apply across all states in Nigeria.
"My main concern notwithstanding is that parties must have attained the marriageable age fixed bylaws. Also, a promise of marriage made by a drunken person or a mentally deranged person cannot be binding."
Nigerians react to barrister Stella's statement
Franklin Ugwuoke said:
"Bringing unnecessary laws while the main necessary laws are not kept.
"What's the reason for having a relationship with a lady if not to know each other before marriage? Now, during the relationship, she found out that she can't move with me, and quit.
"Why suing her?"
Teboh Blaise said:
"I hope that if a woman sues me for that, and I present tangible aspects of her flaws, character wise , the court wouldn't fail to penalize her !!!! "
Chukwu George said:
"What if he/she contradict in court that they was nothing like promise made?"
Solicitor Oboshi Sunday said:
"I will also sue her for collecting my money without a genuine love causing depression to me."
Evangelist Isreal Godstime said:
"Will you ever enjoy that marriage if you force him/ her to marry you.
"For my people perish for lack of wisdom."
In a related story, Legit.ng reported that a man had sued a lady for almost N1 billion for refusing to be his girlfriend after being friends for four years.
Lady sues her ex-boyfriend
Meanwhile, Legit.ng previously reported that a lady named Sharon had sued her ex-boyfriend for refusing to move on two years after they broke up.
The young woman asked the court to issue a restraining order against Taonga to protect herself from his continued post-breakup antics.
Sharon told the court that despite their love story ending in 2021, her ex has completely refused to accept that they are no longer a couple. According to the complainant, Taonga continued to disturb her with endless phone calls and kept showing up at her doorstep.
Proofread by Kola Muhammed, journalist and copyeditor at Legit.ng
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Source: Legit.ng
