[1989]DLHC579 • November 17, 1989 • High Court
DJARBENG vs. TAGOE
The plaintiff claimed damages for breach of promise to marry and expenses for upkeep and education of the child, Nii Teiko, born from the relationship with the defendant. The defendant left for the UK shortly after the plaintiff became pregnant. The plaintiff alleged a promise to marry was made before and during the defendant's absence, including by the defendant's father. The defendant denied any binding promise to marry and claimed entitlement to rescind any such promise due to the plaintiff's conduct. The paternity of the child was undisputed.
read moreJUDGMENT OF AMPIAH J. The plaintiff’s claim against the defendant is for ¢3 million damages for breach of promise of marriage and ¢21.095.50 being moneys spent by her towards the upkeep, maintenance and education of Nii Teiko, son of the parties. The indorsement on the writ was subsequently amended to claim in the alternative general damages of a reasonable sum for past maintenance, upkeep and education of Nii Teiko, son of the parties from 1972 to 1983. The paternity of Nii Teiko does not seem to be in dispute. The uncontroverted evidence is that in 1972 while the plaintiff was attending the Kings College at Kokomlemle, Accra she entered into an amorous relationship with the defendant. They indulged in sexual relationship as a result of which the plaintiff became pregnant. Five months later, however, the defendant left the country to pursue further studies in the United Kingdom. While the defendant was thus sojourned, the plaintiff gave birth to a baby boy on 24 Decembe...