Facts
The respondent successfully sued the appellant in Primary Court for breach of promise to marry and the return of gifts allegedly given to her in contemplation of marriage. She appealed to the District Court but lost with costs. In the court of first instance, the respondent claimed six bags of beans, ten bags of maize one sponge mattress, a bamboo basket, a sieve and several other things. The parties cohabited in concubinage from 1984 to 1986. Aggrieved by decisions of lower courts the appellant has appealed to this court.
Held: (i) A suit may be brought for the return of any gift made in contemplation of marriage
which has not been contracted.
(ii) the respondent must prove to have given the gifts to the appellant on the condition that the parties intended to marry.
(iii) it is the duty of the parties to a suit to prove their claim. The Court can only summon
witnesses if asked by the parties to do so.
Case Information
Appeal allowed.
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