The Kumasi High Court, presided by the fresh blood Court of Appeal Justice sitting as an additional High Court Judge, His Lordship Justice Dr. Poku Adusei J.A has dismissed an appeal with cost of GH¢20,000 from the District Court filed by one Felicia Amoako who cohabited with the respondent, Abraham Otchere for 15 years.

In an attractive analysis of the evidence before the Court which by virtue of an appeal emanates from the District Court, His Lordship Adusei Poku held that the right to an action for the breach of promise to marry has restrictions by virtue of the Limitation Act, 1972 (NRCD 54).

In reliance on section 4(1)(b)(c) of NRCD 54, His Lordship rejected the relief of breaches to promises of the Respondent to marry her owing to the failure of the Appellant to bring her action within 6 years after the breach to promise of marriage by the Respondent, Yaw Poku. The Court dismissed all reliefs of the Appellant brought on her behalf by the learned Francis Poku Esq., which reliefs included title to land on which the home of the never-wedded parties and their children sit.

Guided by the evidence on record and the Law on limitation to claims, the particulars of breach of promise to marry by the Respondent which are below were unattractive to the Court:

i) Non-perfomrance of marriage when the marriage was due.

ii)Failing to fulfil plans to marry after fifteen years of cohabiting and holding themselves out as husband and wife.

iii)Emotional and psychological trauma as a result of the cancellation of the intended marriage

iv) Special damages in respect of preparation towards the intended marriage

The full decision of the High Court as delivered on the 27th day of May, 2025 wherein the arguments of the learned Elvis Ofori were upheld whose brief the intelligent Ebenezer Addai Osei held can be read below: