I had a fiancée to whom I had an engagement to marry for six years and based on the promise to marry her, I paid for secondary and college education costs. It has been a year now since she graduated from college and every time I tell her that we now need to plan the date of our wedding, she does not respond. Sometimes she does not even pick up my calls when I call her and I see two ticks when I send her a Whatsapp but there is no response. I have recently discovered that she is actually planning to get married to another man she met at college. Can I file a suit in Court to seek an injunction order prohibiting her from being married to another man and seek an order compelling her to be married to me?
Breach of promise to marry is an actionable wrong under section 69 and 70 of the Law of Marriage Act [Cap.29 R.E 2019]. However, for such an action to succeed, the petitioner must prove that the party who has breached the promise to marry was 18 years old or above at the time he/she gave the promise to marry. In your case, you need to prove that your fiancée was 18 years old or above at the time she gave you the promise to be married to her. It does not seem to be the case based on the brief facts, but you would know better.
Section 69(3) of the Law of Marriage Act bars Courts from giving an order compelling the marriage to be contracted. Hence the Court will not be able to grant an injunction order barring your fiancée from contracting marriage with another man or compelling her to get married to you. All that the Court can do is to order your fiancée to pay to you compensation attributed to costs you incurred to educate her when she was pursuing her secondary and college education. For the Court to award such a compensation, it must be satisfied that the education costs were incurred by you in contemplation of the marriage and the fiancée was 18 years old at the time she gave the promise of marriage. For the compensation to be awarded by the Court, there must be a direct cost suffered due to expenditure incurred as a result of the promise to marry. The Court cannot award anything in excess of the loss actually suffered.