The Legal effect of breach of promise to marry

There can be no action for breach of promise unless a contract to marry has been made. There are no formal requirements regarding the contract. It need not to be evidenced by writing and the law prescribes no particular form of words. A promise by one person to marry another is not binding unless and until that other person also promises to marry the first person. Mutual promises to marry may be implied from the conduct of the parties. 

Two elements are necessary to constitute a breach of promise to marry:

a) it must be proved to the satisfaction of the court that there was promise of marriage under the Marriage Act. 

(b) it must be shown that one party to the agreement has failed or refused to honour his obligation. 

On the fulfillment of these criteria, the aggrieved party who may be the man or the woman may sue for breach of contract and claim damages therefrom. 

Please note, no action to recovered damages will be sustained unless the testimony of the aggrieved party is corroborated by some other material evidence in support of the promise. This is the intake of section 197 of the Evidence Act, 2011 and the decided case of Olusanya v Ibadiaran (1971) 1UILR 14 and Dagab v Kefas (1979) 2 LRN 334.

Furthermore, in the case of Bassela v Stern the plaintiff in breach of promise suit alleged that the defendant had seduced her and had reportedly promised to marry her. It was reported by the plaintiff that the plaintiff would always say to the defendant, 'you always promised to marry me, and you don't keep your word.' it was held by the court that this amounted to material evidence in corroboration of the promise. See also the case of Hansen v Dixon (1906) 96 LT 32.