LEGAL PRINCIPLE: CONTRACT LAW — Promise to Marry — Proof Required to Establish Promise of Marriage
PRINCIPLE STATEMENT
Marriage is regarded as a very sacred institution both in our jurisprudence and in our sociology. Accordingly 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.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ezeanah v. Atta (2004) NLC-2262000(SC) at p. 13; Paras A–B.
"Marriage is regarded as a very sacred institution both in our jurisprudence and in our sociology. Accordingly 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."
EXPLANATION / SCOPE
An agreement to marry must be clearly proved, leaving no doubt about both parties’ intentions. A mere convivial or romantic relationship is insufficient. The principle applies to breach of promise to marry claims. The rule protects the sanctity of marriage from casual claims. The court requires clear and convincing evidence of a genuine marriage promise. Casual dating or friendship does not constitute an enforceable marriage agreement.
