1 Background
At its last sitting on the suit on 9 December 2020, the Court dismissed the plaintiff’s suit for lack of evidential support and upheld the defendant’s counterclaim and reserved its reasons underlying the decision to today. These are my reasons.
On 5 December 2016, the plaintiff commenced this suit by a writ of summons against the defendant, a woman that plaintiff though not married to the plaintiff has cohabited and has had two children with. The custody and best interest of the two children appear to be the plaintiff’s cause of action in this suit, whilst the defendant adds a twist to the issue by claiming that the plaintiff has breached his promise to marry her and thus counterclaims for damages for the breach. The plaintiff prays for these reliefs:
a. A declaration that the enrolment of the children in the Seaside International School under the British Curriculum is in the best interest of the children.
b. An order of injunction restraining the defendant from interfering w…