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ELIZABETH MABAMIJE v. HANS WOLFGANG OTTO

(2016) JELR 37194 (SC)

Supreme Court  •  SC.156/2005  •  22 Jan 2016  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; BODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

OLABODE RHODES-VIVOUR, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal from the judgment of the Court of Appeal, Benin City Division delivered on the 10th day of June, 2004. Briefly, the facts are these according to the Plaintiff/Appellant, she claims the Respondent promised to marry her, but breached his promise by refusing to marry her. As a result of the alleged breach, the Appellant as plaintiff took out a writ of summons claiming:

"1. The sum N20,000,000 (Twenty Million Naira) being damages, suffered by the Plaintiff for breach of promise to marry was made to her by the defendant in December, 1986 (and renewed every year up to June, 1999 and April (2000) at various places in Warri.

2. An Order compelling the defendant to perfect/complete all the marriage arrangements concerning the Plaintiff which the defendant earlier commenced with plaintiff parents/relations."

After pleadings were filed and exchanged, the defendant filed a motion on Notice on the 7th of February, 2001. …

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