Corroboration in Proof of Promise to Marry under Section 197 of the Evidence Act

By P.L Osakwe

□ INTRODUCTION

A promise to marry, though not as commonly litigated today as in earlier decades, remains a recognized area of civil claims under Nigerian law. The courts have long been invited to determine disputes where one party alleges that another made and breached a promise of marriage. Section 197 of the Evidence Act, 2011 provides a special evidential safeguard in this regard.

The Text of Section 197

Section 197 of the Evidence Act states:

“No plaintiff in any action for breach of promise of marriage shall succeed unless his or her testimony is corroborated by some other material evidence in support of such promise.”

This provision creates a unique evidential rule, requiring corroboration before a court can enter judgment in favour of a claimant.

■ Meaning of Corroboration

Corroboration refers to independent evidence that supports or confirms the testimony of the party alleging the promise. It is not enough that a plaintiff asserts that a defendant promised marriage. The law insists that there must be additional proof, which may include:

♤ Letters, text messages, or communications in which marriage was expressly discussed;
♤ Testimony of a witness who was present when the promise was made;
♤ Conduct of the defendant, such as introducing the plaintiff to family members as a fiancée or fiancé;
♤ Preparations for marriage, including arrangements for dowry, engagement, or fixing of dates.

The corroborative evidence must be material, meaning it should strengthen the plaintiff’s testimony on the existence of the promise and not be trivial or unrelated.

■ Why the Law Requires Corroboration

The requirement of corroboration serves an important policy function. A promise to marry is an intimate and often private matter, easy to allege but difficult to disprove. Without corroboration, courts could be inundated with baseless or fabricated claims. The law therefore imposes this safeguard to protect parties from false allegations while still allowing genuine claims to succeed when supported by independent evidence.

■ Practical Effect of Section 197
The practical effect of Section 197 is that:
1. A plaintiff cannot win solely on their word. No matter how credible, without corroboration, the action must fail.
2. Defendants are protected from uncorroborated allegations. The law gives them a measure of security in intimate disputes.
3. The burden is on the plaintiff. It is the claimant’s responsibility to produce corroborative evidence.

■ Contemporary Relevance

Though breach of promise to marry suits are not as frequent in modern practice, Section 197 remains relevant. Engagements, failed marital arrangements, and disputes arising from broken promises still occur, particularly in cultural contexts where marriage promises carry weight. The provision ensures that courts strike a balance between upholding justice for jilted parties and preventing abuse of the legal process.

■ Conclusion

Section 197 of the Evidence Act underscores the seriousness with which the law treats promises of marriage. While it recognises the enforceability of such promises, it refuses to place the fate of one party solely in the word of another. By demanding corroboration, the law ensures that only credible, substantiated claims of breach of promise to marry succeed in court.