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Kanungu, Uganda | THE INDEPENDENT | Hearing of an application in which Fortunate Kyarikunda is seeking to set aside a ruling in favor of Richard Tumwiine in a breach of a marriage promise has been pushed to October 17th.
Kyarikunda lodged the reinstatement application after losing three similar petitions before the Grade One Magistrate’s Court in Kanungu district. This is the fourth time that Kyarikunda has filed the application.
Represented by her lawyer, Atuhaire Phiona, she argued that the Kanungu Magistrate Court was biased in its ruling. Kyarikunda claimed that she did not receive the original summons and was unable to file a defense because her phone was in possession of her sister, Rhona Atukwasa.
During a session on Tuesday, Gonzanga Mbakangu Rukungiri, the Grade One Magistrate said that hearing could not kick off because Kyarikunda and her lawyers have been disrupting court by not appearing without prior notification.
He said that Kyarikunda and her lawyers disrupting court process in such a manner is misconduct. Mbakangu pushed the matter until October,17, 2023.
Kyarikunda who was in court declined to speak to our reporter.
Tumwiine said that he has no problem with the court’s decision since he is ready with all evidence to pin Kyarikunda.
In the ruling in January 2023, the Grade One Magistrate’s Court ordered Kyarikunda to reimburse Tumwiine sh9 million, covering the expenses he had incurred for her studies. Additionally, she was ordered to pay one million Shillings in general damages for the inconvenience and psychological anguish caused.
Tumwiine and Kyarikunda, both teachers, started their relationship in 2015 while working at Kiringa Primary School in Kambuga sub-county.
They entered into a marriage agreement in 2018, during which Tumwiine provided financial support for Kyarikunda and sponsored her Diploma in Legal Practice at the Law Development Centre in Kampala.
Tumwiine claimed to have spent sh9.4 million on her education. However, Kyarikunda later withdrew from the marriage plan after completing her course, citing concerns about Tumwiine’s age and the potential stress it could cause her.
Tumwiine, aged 60, and Kyarikunda, in her thirties, had planned an introduction ceremony scheduled for February 2022. Subsequently, Tumwiine took legal action against Kyarikunda for breaching the marriage promise, seeking a refund of the money invested in her education, which was intended for their future as husband and wife.
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