[1978]DLHC1150 • October 24, 1978 • High Court
KPORFOR AND ANOTHER vs. SOSU
The plaintiff (respondent) claimed damages for breach of a marriage agreement against the defendants (appellants). The plaintiff alleged that the first defendant agreed to marry him and that the second defendant, the first defendant's father, accepted customary marriage payments. After the plaintiff fulfilled customary obligations, the first defendant refused to live with him as his wife, allegedly on advice from the second defendant. The defendants denied any agreement and contended the first defendant was already married and thus lacked capacity to marry the plaintiff.
read moreJUDGMENT OF LAMPTEY J. In the court below the plaintiff-respondent (hereinafter called the plaintiff) sued the defendants-appellants (hereinafter called the defendants) jointly and severally and claimed the sum of ¢200 being damages for breach of marriage agreement. The particulars of the claim were set out in extension language following: “The first defendant agreed to marry the plaintiff and upon this agreement directed the plaintiff to consult the second defendant, the father of the first defendant, who also agreed that the first defendant should marry the plaintiff and accepted all the required head moneys from the plaintiff in accordance with customary marriage rules. That after the plaintiff had offered all the required expenses, the first defendant refused to come to the plaintiff as his wife upon the advice of the second defendant.” He also claimed the sum of ¢137 being head money and expenses made on the first defendant. After the trial magistrate had heard a...