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High Court awards GH¢200,000 to woman in breach of promise to marry case

The High Court in Accra has awarded GH¢200,000 in damages to a woman after finding that a man breached a binding promise to marry her following an 11-year relationship.

Kumasi Mail by Kumasi Mail
February 24, 2026
in News
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The High Court in Accra has awarded GH¢200,000 in damages to a woman after finding that a man breached a binding promise to marry her following an 11-year relationship.

In a ruling delivered on February 16, 2026, Her Ladyship Justice Sedinam Awo Kwadam held that the plaintiff induced the defendant to rely on his promise of marriage and later sought to eject her from a two-bedroom apartment she helped to construct in East Legon.

The court dismissed the man’s claim for ejectment and declared that the woman has a beneficial interest in the apartment under the equitable doctrine of constructive trust.

Damages for Breach of Promise

The court awarded the defendant:

  • GH¢50,000 as general damages for emotional distress, injury to feelings, loss of reputation and diminished marital prospects.
  • GH¢150,000 as compensatory damages for economic loss and detrimental reliance.

The total award of GH¢200,000 will attract interest at the prevailing commercial bank rate from February 16, 2026, until full payment.

In her judgment, Justice Kwadam relied on the Supreme Court decision in Ama Serwaa v. Gariba Hashimu, noting that the law must not permit a party to induce reliance and escape without consequence.

The court found that the defendant had acted to her detriment by supervising construction of the property between 2013 and 2017 while the plaintiff was abroad, surrendering her rented home in Dansoman, and declining other suitors during the relationship.

Beneficial Interest in East Legon Apartment

A central issue in the case was whether the woman was merely a licensee occupying the apartment at the pleasure of the plaintiff or whether she had acquired a proprietary interest.

The plaintiff argued that her right to occupy the premises ended when the relationship terminated. However, the court held that her occupation evolved beyond a bare licence due to her substantial contributions and reliance on a shared intention that the property would serve as their matrimonial home.

The judge cited several indicators of common intention, including:

  • The entrustment of the entire construction project to the defendant;
  • The presentation of a promise ring;
  • A request that she move into the apartment upon completion;
  • Public acknowledgment of the plaintiff as an in-law during the funeral of the defendant’s father;
  • Approximately seven years of cohabitation.

The court concluded that a constructive trust had arisen over the two-bedroom apartment at Nortey Loop, East Legon, and declared that the defendant holds a beneficial proprietary interest in the property.

“The legal owner cannot retain the benefit of another’s labour and then discard that person without recompense,” the court stated.

Retention of Vehicle and Business Equipment

The court further ruled that the defendant is entitled to retain a Toyota RAV4 vehicle she has used since 2017, noting that the plaintiff did not formally claim the vehicle in his pleadings and had previously included it in a withdrawn settlement offer.

An industrial blender purchased for the defendant’s hibiscus drink business will also remain in her possession.

Broader Legal Implications

In concluding remarks, the court observed that promises of marriage, though often informal, can create legitimate legal expectations where one party acts to their detriment.

The judgment emphasized the role of equity under Article 11 of the 1992 Constitution, stating that equitable doctrines form part of Ghana’s common law and are intended to prevent unjust enrichment and unconscionable outcomes.

The plaintiff’s claim for ejectment was dismissed in its entirety. Costs of GH¢20,000 were awarded against him.

Read the full Judgement :

JUDGMENT FOR VINCE KONTOH VRS ERNESTINA TORGBORDownload

Source: www.kumasimail.com

Tags: breach of promise to marryGH¢2000.00High Court awardsmarry casetopstory
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