[2010]DLCA6228November 18, 2010Court of Appeal

MARIAM OBENG MINTAH (PLAINTIFF/ APPELLANT) vs. FRANCIS AMPENYIN

The appellant and respondent were in a concubinage relationship starting around October 2000. The appellant alleged that the respondent promised to marry her, leading her to invest time, money, and effort, including moving into the respondent's uncompleted house and running a joint wood business. The relationship ended with the respondent allegedly breaching the promise to marry. The appellant sued for damages for breach of promise, expenses related to childbirth, maintenance arrears, and a share in the jointly improved property. The respondent denied any promise to marry or contributions by the appellant to the property.

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OFOE, J.A The parties fell in love in on around the month of October, 2000. By the second year of their relationship the friendship had fallen on rocks. It is the case of the plaintiff, who is the appellant in this suit, that in the course of their concubinage the defendant’ ie the respondent in this appeal, promised to marry her. Believing in this promise, she served him as a wife will do and spent all her time and money on him, only for the respondent to breach the promise. She was a business woman dealing in wood products and of good financial standing but had lost everything in this relationship which she was made to believe will end up in a marriage. She gave the income from their joint business to the respondent, part of which they used in improving upon the respondents uncompleted building. On his instructions, she even had to move from her rented accommodation into respondent’s uncompleted house. For this breach of promise to marry her she sued him in the Sekondi High Cou...