The Court of Appeal in Kumasi has ordered a married man to pay GH¢40,000 to ‘side chick‘ over broken promise.
The Court of Appeal, constituted by Justices Baah, Kogyapwah, Dr Adusei, JJA, ruled that a person can be held liable for breaking a promise to marry, even where that person was already married under the Ordinance at the time the promise was made.
The Court of Appeal landmark decision involving Benjamin Yeboah Anokye v. Priscilla Atsu [TLP-CA-2026-33].
Thelawplatform. online providing background of the Dispute stated, “The dispute arose from a romantic relationship between Benjamin Yeboah Anokye and Priscilla Atsu, which lasted from 2011 to 2017 and resulted in the birth of a son. During the relationship, the appellant relocated the respondent from Tamale to Kumasi, accepted responsibility for their child, organised the child’s naming ceremony, and provided accommodation for the respondent and their son in a house located at South Suntreso, Kumasi.
The respondent contended that the appellant had gifted the house to her after she performed the customary “aseda” or thanksgiving ceremony in acknowledgement of the gift. She also maintained that the appellant had promised to marry her but failed to fulfil that promise. Consequently, she sought a declaration that the property belonged to her, an injunction preventing interference with her occupation of the house, damages for breach of promise to marry, and other reliefs.
The appellant denied making a gift of the property and further argued that he never promised marriage. He also maintained that he was already married under the Ordinance and therefore could not have entered into a valid promise to marry the respondent.
The High Court rejected the respondent’s claim that ownership of the house had been transferred to her. Nevertheless, it ordered that she and the child could continue occupying the property until she married or had a child with another man. The court also awarded her GH¢40,000, described as a lump-sum payment, for breach of promise to marry, together with costs. Dissatisfied with these orders, the appellant appealed”.
They further disclosed that, “The Court of Appeal reaffirmed that Ghanaian common law recognises actions for breach of promise to marry. According to the Court, a claimant must establish three essential elements: that a promise to marry existed, that the promise was accepted and acted upon to the claimant’s detriment, and that the promisor subsequently refused or failed to fulfil the promise without lawful justification.
In reaching its decision, the Court considered evidence that the appellant had introduced the respondent to his uncle as his fiancée, persuaded her to keep the pregnancy, relocated her to Kumasi, accepted responsibility for their child, and housed both mother and child. These acts, the Court held, were consistent with a genuine promise to marry and supported the trial court’s findings.
Importantly, the Court rejected the appellant’s reliance on his alleged Ordinance marriage as a defence. It observed that an existing marriage cannot be used as a shield to escape liability where the evidence demonstrates that a person deliberately induced another into believing that marriage would follow. Consequently, the Court upheld the award of GH¢40,000, clarifying that it constituted damages for breach of promise to marry rather than a matrimonial lump-sum payment”.
In the court’s final orders, “ the Court set aside the High Court’s order permitting the respondent to remain indefinitely in the house and removed the injunction preventing the appellant from recovering possession. However, it directed that possession could only be recovered after payment of the GH¢40,000 damages and the GH¢25,000 reimbursement.
The respondent was also granted three months to secure alternative accommodation. The Court further emphasised that these orders did not affect the appellant’s continuing legal obligation to provide care and maintenance for the parties’ child under the Children’s Act”.
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