BENJAMIN YEBOAH ANOKYE vs PRISCILLA ATSU

Dr. Poku Adusei, JA:

In this appeal, the defendant-appellant (hereinafter referred to as the defendant) prayed this Court for the judgment of the High Court, Kumasi delivered on 22 December 2020 to be set aside. In the said judgment, the court below awarded what it termed as ‘a lump sum’ of GH¢40,000 in favour of the plaintiff/respondent (hereinafter referred to as the plaintiff) against the defendant, ostensibly for breach of promise to marry. The trial court however dismissed the plaintiff’s claim that the disputed house which she occupied had been gifted to her by the defendant; the court nonetheless made other far-reaching orders including an order for the plaintiff to remain in occupation of the disputed house until she marries or has a child with another man.

The antecedent facts are that the parties were in an amorous relationship between 2011 and 2017. The said relationship resulted in the birth of a child in 2016. The defendant accepted paternity of the child and took steps to name the child. The defendant provided accommodation for the plaintiff and their son in H/No. F.22 South Suntreso, Kumasi. The plaintiff’s case is that H/No. F.22 South Suntreso, Kumasi which she has occupied since 2016 with their son was gifted to her by the defendant. The plaintiff averred that she provided the requisite ‘thank you’ or ‘aseda’ in the presence of witnesses for the gift of the said house made by the defendant. The plaintiff further contended that the defendant promised to marry her but failed to fulfil that promise.

Consequently, the plaintiff by a writ of summons accompanied by a statement of claim sought the following reliefs:

a. A declaration by the Honourable Court that the defendant has gifted H/No. F.22 South Suntreso to the plaintiff.

b. An order of perpetual injunction against the defendant, his agents, workmen, assigns, privies, successors in interest and whosoever claim interest through and/or for the defendant, from in anyway interfering with the plaintiff’s title and quiet enjoyment of House described in relief (a) supra.

c. Damages for breach of promise to marry.

d. Any other relief deemed appropriate by the Honourable Court.

The defendant filed a statement of defence wherein he denied the plaintiff’s claim of a gift inter vivos of the disputed house. The defendant also denied that he promised to marry the plaintiff. The defendant stated that he rather accepted responsibility for impregnating the pl