The Chief Magistrates Court in Kanungu District has dismissed a petition in which Fortunate Kyarikunda had filed seeking to set aside a ruling that ordered her to compensate Richard Tumwiine after turning down his marriage promise.
Kyarikunda filed a petition on March 17, 2023 through M/S Nasike & Co Advocates wanting that the ruling issued by Kanungu Grade One Magistrates court in a civil suit number 024 of 2022 be set aside so that she be allowed to file a defence and the same be heard interparty.
Kyarikunda argued that she did not receive summons of the original jurisdiction and was unable to file a defence because her phone was by then used by her sister identified as Rhona Atukwasa.
In the original jurisdiction court had ruled that since Kyarikunda did not fulfil the promise to marry Tumwine, he was entitled to reimbursement of nine million shillings (sh9m) he spent on her studies and an additional one million Shillings as general damages for inconveniences and psychological anguish suffered.
In a ruling dated May 25, 2023 but read on Tuesday May 30, 2023, Kanungu Grade One Magistrate Asanasio Mukobi dismissed the application with costs on grounds that Kyarikunda consistently never appeared before this court and so is her purported counsel. Mukobi also says that court has failed to locate Kyarikunda in her hideout to deliver to her the justice she is pursuing moreover out of court.
“The court ruling reads that the applicant has defeated her own pursuit for justice. She has consistently never appeared before this court and so is her purported counsel. They do not even want the application filed by themselves to be heard and determined although the applicant alleges that she wants justice by being heard.
This court has failed to locate for the applicant in her hideout to deliver to her the justice she is pursuing moreover out of court. This is incredible and it must be out of shame given the circumstances of the subject matter in the main suit.
Justice is not only for the applicant but also the respondent. In the result, I dismiss this application with costs to the respondent since the same was abandoned by the applicant,” the ruling read.
Tumwiine’s lawyer Erasmus Nabimanya welcomes the ruling saying that Tumwiine deserves justice. Nabimanya added that Kyarikunda’s decision to continue skipping court is because she had nothing to argue about.
Kyarikunda declined to comment on the matter when contacted by our reporter.
Tumwiine and Kyarikunda, both teachers, started their relationship in 2015, at Kiringa Primary School in Kambuga sub-county and entered a marriage agreement in 2018. During that time, Tumwine financially supported Kyarikunda and sponsored her to complete her Diploma in Legal Practice at the Law Development Centre in Kampala. He said he spent sh9.4m on the course.
After completing the bar course, they agreed to arrange an introduction ceremony which had been scheduled to take place in February 2022. However, Kyarikunda backed out of the marriage plan, saying that she could not proceed because her suitor was too old and likely to cause her stress in the marriage. Tumwiine is said to be aged 60, while Kyarikunda is in her thirties.
Tumwiine then dragged Kyarikunda to court for breach of marriage promise. He asked the court to compel her to refund the money he injected into her education because this was an investment into their future as husband and wife.