The Accra Circuit Court has delivered a landmark judgment in a breach of promise, awarding a woman GH¢200,000 and granting her interest in an East Leg
The Accra Circuit Court has delivered a landmark judgment in a breach of promise, awarding a woman GH¢200,000 and granting her interest in an East Legon property she helped the man acquired during their long-term relationship.
The ruling was handed down by Justice Sedinam Awo Kwadam, sitting as an additional Circuit Court Judge, at Circuit Court 7.
The decision follows principles established in the Supreme Court case of AMA SERWAA v. GARIBA HASHIMU & ANOR [TLP-SC-2021-30], as well as equitable doctrines and the law of constructive trust.
The Court rejected the man’s attempt to eject the woman from the East Legon property, recognizing her contributions during the 11-year relationship.
Legal Background
The case revolved around a woman who had assisted her partner in acquiring multiple properties over the course of their relationship.
After the relationship ended without the man marrying her as promised, the woman filed claims for breach of promise to marry, including financial compensation and recognition of her interest in jointly acquired property.
The plaintiff, represented by Selorm Dey, argued that the claims were barred by the statute of limitations. However, the Court dismissed this preliminary objection, upholding the woman’s counterclaims and emphasizing the protective nature of equity for victims of breached marriage promises.
In delivering the judgment, the Court carefully highlighted how the law shields individuals from losing assets and financial contributions made in reliance on a marriage promise.
The ruling also underscores the Court’s application of constructive trust principles to prevent unjust enrichment by one party at the expense of another.
Broader Implications
Legal analysts say the judgment reinforces Ghanaian courts’ willingness to protect individuals, particularly women, in domestic and relationship-based disputes.
The Court’s emphasis on equitable remedies underscores that contributions to jointly acquired property, whether financial or in-kind, are recognized even in the absence of formal marital status.
The full 10-page judgment, which provides a detailed summary of the law on breach of promise to marry, equitable principles, and property rights, is scheduled for release on February 24, 2026.
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