Can You Sue If He Fails To Show Up For Lobola? Breach Of Promise To Marry Explained For Zimbabwe

Lobola No-Show: Understanding Breach of Promise to Marry in Zimbabwe

This week, Zimbabwean social media has been set alight by a story of heartbreak and humiliation. A prospective groom failed to appear at his own lobola (bride price) ceremony, leaving his intended bride and her family in a lurch. The bride-to-be and her sister took to public platforms, sharing pictures and videos of the lavishly prepared event that never was—matching Java outfits for the lobola squad, abundant food, and a family poised for celebration.

This very public snub has ignited a fierce national debate. While many have condemned the man’s actions, given the significant financial and emotional toll inflicted on the woman’s family, a pressing legal question has emerged from the digital fray: Can you legally sue someone for failing to honour a promise to marry?

The Legal Foundation of a Broken Promise

The answer, rooted in Zimbabwean common law, is a nuanced yes. The action for breach of promise to marry is a recognised delict, a civil wrong for which damages can be claimed. However, succeeding in such a claim is “not that easy.” The law may provide a pathway, but it is strewn with evidential hurdles and complex social considerations.

Fundamentally, an agreement to marry is viewed as a contract under Zimbabwean law. When two people mutually agree to marry in the future, they form a binding contract. Consequently, if one party unilaterally calls off the engagement without a legally justifiable reason, they are in breach of that contract. The aggrieved party can then institute a lawsuit to claim damages for the losses suffered.

According to legal commentary posted on X in February 2021, “Breach of a promise to marry is a delict under Zimbabwean law.” Crucially, it was emphasised that a “mere word of mouth doesn’t suffice.” The plaintiff must provide cogent evidence that a clear promise was made. This can include written communication, video evidence, or the testimony of witnesses. In the context of a lobola negotiation, the very act of arranging the ceremony could serve as powerful evidence of a mutual agreement to marry.

Precedents and Practical Challenges

Zimbabwean courts have dealt with such matters.

In 2017, a 21-year-old Masvingo woman, Ngonidzashe Marowedze, who sued her boyfriend, Patrick Mutasa, for US$7,000 (approx. R132,000). She alleged that she had turned down other suitors and entered into a sexual relationship based on his promise to marry her in March 2016. The case highlighted that damages can be sought for the time “wasted” and opportunities foregone.

Furthermore, the 2015 High Court case of Priscilla Fusire v Emmanuel Chiroto provides a stark example of how bitterly these disputes can play out. Fusire sued Chiroto for US$28,000 (approx. R530,000) based on an acknowledgement of debt he signed after their relationship ended. While the case centred on the validity of the debt document, it originated from a breached promise to marry and illustrated the financial entanglements that can arise. Justice Chigumba’s ruling underscored the sanctity of contracts, famously stating: “A man’s word is his bond after all.”

However, the law also provides defences. A defendant can justify breaking the promise by proving the plaintiff concealed a material fact, such as a previous child, a criminal record, or a bad reputation, of which the defendant was unaware. As legal expert Coddy Fungai Nyamundanda explained in a 2016 article, “The discovery that his fiancée had given birth previously is a major cause” for breaking an engagement without liability.

A Remedy or a Relic?

Despite its legal standing, the action for breach of promise is seldom used today. Many potential plaintiffs fear the social stigma and being labelled a “gold-digger.” There is also the emotional toll of litigating a broken heart. As Nyamundanda poignantly asked, “What would one gain even if they succeed in the claim? Would it make you feel better later on to receive a congratulatory card or text message from the ex…?”

Yet, the rationale for the law remains compelling. Society has a vested interest in ensuring that individuals do not callously damage the prospects of others. A jilted party, particularly in a context where marriage is highly valued, may have suffered genuine financial loss from preparing for a wedding or lobola and may have foregone other marital opportunities.

The public outrage over the recent abandoned lobola ceremony stems from this very understanding of the profound social and economic investment involved.

Conclusion: Law, Love, and Lobola

The recent social media storm reveals a deep-seated belief that a promise, especially one as culturally significant as lobola, should carry weight. The law of Zimbabwe provides a mechanism for redress, but it is not a simple panacea for a broken heart. It requires solid evidence, a strong stomach for litigation, and a clear demonstration of actual loss.

For the woman at the centre of this week’s storm, and for anyone facing a similar betrayal, the path forward requires careful thought. While public opinion may be on her side, a successful legal claim would depend on the specific facts and evidence she can muster.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The complexities of a breach of promise claim require the expertise of a qualified legal practitioner. If you find yourself in this situation, you should consult with a registered lawyer who can advise you on the merits of your specific case and the best way to move forward.