File photo of a court gavel
The High Court in Kumasi has dismissed an appeal filed by a woman who accused her former partner of failing to marry her after 15 years of cohabitation.
The woman, Felicia Amoako, filed an appeal at the High Court after she lost the initial case she filed against her former partner, Abraham Otchere, at the Asokwa-Kumasi District Court.
She accused Otchere of breaching his promise to marry her after failing to honour an alleged marriage promise following 15 years of living as a couple.
She asked the court to declare her the owner of a parcel of land they had built a five-bedroom house on, which she claimed was purchased with her money.
The relief sought by the woman was outlined in the full judgment of the High Court, which was shared by The Law Platform, as follows:
(a) A declaration of title and ownership of the said piece of land with five-bedroom house lying and being referred to as Plot No. 210 at Ampabame No.1
(b) Breach of promise to marry –
Particulars of breach:
i. Non-performance of marriage when the time for performance was due
ii. Failing to fulfil plans to marry after fifteen years of cohabiting and holding themselves out as husband and wife
iii. Emotional and psychological trauma as a result of the cancellation of the intended marriage
iv. Special damages in respect of preparation towards the intended marriage
(c) An order to make the plaintiff account for the proceeds from the rent
(d) Damages
(e) Costs
(f) Any order as this court might deem fit
The High Court, presided over by Justice Dr Poku Adusei JA, upheld the ruling of the District Court, stating that the right to an action for the breach of promise to marry has restrictions by virtue of the Limitation Act, 1972 (NRCD 54).
Justice Poku Adusei rejected the relief for breaches of promises of marriage.
He also dismissed the other reliefs sought by Felicia Amoako, including title to the land on which the home of the never-wedded parties and their children sits.
See the full judgment below:
BAI/AE
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