LEGAL PRINCIPLE: CONTRACT LAW — Agreement to Marry — Two Elements Necessary to Constitute Breach
PRINCIPLE STATEMENT
Two elements are necessary to constitute a breach of agreement or promise of marriage. First, the party jilted must prove that there was in fact a promise of marriage under the Matrimonial Causes Act, or under Islamic Law or under Customary Law. Second, the party reneging has actually failed or refused to keep to the agreement of marriage.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ezeanah v. Atta (2004) NLC-2262000(SC) at pp. 12–13; Paras E–A.
"Two elements are necessary to constitute a breach of agreement or promise of marriage. First, the party jilted must prove to the satisfaction of the court that there was in fact a promise of marriage under the Matrimonial Causes Act, 1990, or under Islamic Law or under Customary Law, on the part of the other sex. Second, the party reneging has really, and as a matter of fact, failed or refused to keep to the agreement of marriage."
EXPLANATION / SCOPE
Breach of marriage promise requires proof of two elements: existence of a valid marriage promise under applicable law, and actual failure to honour that promise. The principle applies to breach of promise claims. The rule ensures only genuine promises give rise to liability. The claimant must prove both elements. The court will not infer a promise from conduct alone. Clear evidence of both elements is necessary.
