UNIT 7 - ENGAGEMENT

TOPIC OF THE DAY

- ENGAGEMENT

- REQUIREMENTS FOR A VALID ENGAGEMENT

- INCIDENTS OF ENGAGEMENT

- TERMINATION OF ENGAGEMENT

Engagement in Nigerian Family Law

Engagement, often referred to as a betrothal, is a mutual promise or agreement between two parties to marry each other. While it is not a legally binding contract enforceable by law in the same way as a marriage, it is considered a significant social and moral commitment.

Requirements for a Valid Engagement

1.Capacity to Marry: Both parties must have the capacity to marry. This includes being of legal age and sound mind. The legal age for marriage in Nigeria is 18 years. See the case of Abeje v. Ogundairo (1967) NMLR 179, where the court held that an engagement entered into by parties who do not have the capacity to marry is void.

2.Mutual Consent: Both parties must freely consent to the engagement without any form of duress, fraud, or undue influence. See the case of Okpanum v. Okpanum (1972) 1 All NLR 248, where the court annulled an engagement due to evidence of undue influence.

3.Lawful Consideration: While not strictly a requirement, engagements are often accompanied by the exchange of gifts, known as bride price or dowry. However, the absence of such does not invalidate an engagement. Customary practices may vary, and it is important to consider the local customs and traditions.

4.Absence of Legal Impediments: There must be no existing marriage or engagement that would prevent the parties from marrying each other. Bigamy and existing engagements are legal impediments. See the case of Ibrahim v. Ibrahim (1988) NWLR (Pt. 78) 548, where the court invalidated an engagement due to an existing marriage.

Incidents of Engagement

1.Exchange of Gifts: It is common for parties to exchange gifts during the engagement period. These gifts symbolize the commitment to marry. In some cultures, the gifts may be significant and form part of the bride price or dowry.

2.Public Announcement: Engagements are often publicly announced during a ceremony involving family and friends. This serves to formalize the commitment in the eyes of the community.

3.Preparations for Marriage: The engagement period is usually a time for the parties to make preparations for their forthcoming marriage. This may include planning the wedding ceremony, securing a home, and making other necessary arrangements.

Termination of Engagement

1.Mutual Agreement: An engagement can be terminated by mutual consent of both parties. This should be done in a manner that respects the feelings and dignity of both parties. See the case of Adejumo v. Ajisafe (1979) 1 SC 115, where the court acknowledged that an engagement can be mutually terminated without legal consequences.

2.Unilateral Decision: Either party may decide to terminate the engagement. However, if the termination is done without just cause, it may lead to a claim for breach of promise to marry. See the case of Aniagolu v. Aniagolu (1962) NMLR 46, where the court awarded damages for breach of promise to marry.

3.Breach of Promise to Marry: If one party unilaterally terminates the engagement without just cause, the other party may sue for breach of promise to marry. The claimant must prove the existence of a valid engagement and the unjust termination by the other party.

4.Return of Gifts: Upon termination of the engagement, the parties may be required to return any gifts exchanged during the engagement period. This is particularly significant in cases involving bride price or dowry. See the case of Obasuyi v. Obasuyi (1968) NMLR 51, where the court ordered the return of bride price upon termination of the engagement.

5.Death of a Party: The death of either party automatically terminates the engagement. There are no legal obligations on the surviving party except for customary practices which may vary.