The Accra Circuit Court has ordered a businessman in his 60s to pay GHC200,000 in damages to his former partner after finding him liable for breach of promise to marry following an 11-year relationship.

The ruling, delivered by Justice Sedinam Kwadam, also imposed a constructive trust over a two-bedroom apartment in East Legon, granting the woman a beneficial interest in the property despite the businessman holding legal title.

Background of the Dispute

The case began as an ejectment suit filed by the businessman, who sought to remove his former lover from a two-bedroom apartment within a six-unit residential property he owns in East Legon.

Court documents revealed that the relationship spanned from 2013 to 2024. At the time the relationship began, the East Legon property was still under construction. Evidence presented before the court showed that while the businessman, who was not resident in Ghana, financed the project, the defendant actively supervised and managed the construction for approximately four years.

Upon completion of the building in 2017, she moved into one of the two-bedroom apartments at his request. He later joined her when he returned to Ghana, and the couple cohabited for nine years.

Countersuit: Alleged Promise to Marry

In response to the ejectment action, the woman filed a countersuit, claiming the businessman had promised to marry her. She argued that the promise led her to leave her residence in Dansoman and fully commit to the relationship.

As evidence, she told the court that:

• The businessman was listed as an in-law during her father’s funeral.
• He contributed financially and wrote a tribute.
• He presented her with a ring, which the court determined was not a casual gift but one intended to ward off other suitors.
• She was appointed to act as foreman during the construction of the six-unit property.

She sought US$40,000 in damages for breach of promise to marry, the right to remain in the apartment, and retention of a Toyota RAV4 allegedly purchased for her.

Court’s Findings

In her judgment, Justice Kwadam held that there was overwhelming evidence of a clear promise to marry. The court found that the businessman’s conduct, including publicly associating with her family as an in-law and presenting her with a ring, demonstrated a definite intention to marry.

The judge ruled that the termination of the relationship in 2024 amounted to a breach of that promise.

The court further observed that both parties are above 60 years old, noting that the woman’s prospects of finding another life partner had diminished after investing 11 years in the relationship.

Constructive Trust Over East Legon Property

Although the businessman holds legal title to the East Legon property, the court applied equitable principles and declared that the woman holds a beneficial interest in the two-bedroom unit under a constructive trust.

As a result, the ejectment suit was dismissed, and she was granted the right to continue living in the apartment.

Damages Awarded

For the breach of promise to marry, the court awarded:

• GHC50,000 in general damages
• GHC150,000 in compensation

This brings the total award to GHC200,000.

Additionally, since the businessman did not specifically request the return of the Toyota RAV4, the court ruled that she would continue to use the vehicle. She was also awarded GHC20,000 in legal costs.

The full reasoning behind the judgment is expected to be released on February 24.

This landmark ruling underscores the legal consequences of breach of promise to marry in Ghana and highlights the application of equitable remedies such as constructive trust in intimate partner property disputes.