Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to Tajiri with a view of Tajiri marrying Jacinta. Jackson asked Jacinta to give him Sh. 10,000 which she did. Jackson then introduced Jacinta to Tajiri and Tajiri promised to marry Jacinta in case his wife who was by then very ill in hospital passed away.
However, Tajiri‟s wife Juliana underwent a successful surgery and fully recovered from the illness. Tajiri has now refused to marry Jacinta.
Jacinta is aggrieved and wishes to sue Jackson and Tajiri. Advise her. (10 marks)
ANSWER
• This problem is based on contracts prejudicial to the status of marriage.
• In this case the contract between Jackson and Jacinta under which Jackson was supposed to introduce Jacinta to Tajiri at a fee of Kshs 10,000, is a marriage brokerage contract and is void for being contrary to public policy.
• Secondly the promise by Tajiri to Marry Jacinta should his wife die is unenforceable as it is void for being prejudicial to the status of marriage.
• My advice to Jacinta is that she has no actionable claim against Jackson or Tajiri as the contracts between her and them are unenforceable as they are contrary to public policy.
• My advise is based on Wilson V. Cartiley (1908) where the defendant, a married man promised to marry the plaintiff after the death of his wife who was then ill. The plaintiff was at all material times aware that the defendant was married. It was held that the contract was void and hence unenforceable as it was contrary to public policy.