Court Sets Date for Ruling on Petition in Breach of Marriage Promise Case

The Chief Magistrate’s Court in Kanungu District has set March 14, 2023, as the date for the ruling of a petition in which Fortunate Kyarikunda seeks to set aside a ruling that ordered her to compensate Richard Tumwiine after turning down a marriage promise.

Tumwine 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 9.4 million Shillings 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.

In his ruling, Kanungu Grade One Magistrate Asanasio Mukobi held that since Kyarikunda did not fulfill the promise to marry Tumwine, he was entitled to reimbursement of the money he spent on her studies and an additional one million Shillings as general damages for inconveniences and psychological anguish suffered.

But, Kyarikunda through her lawyer Sarah Nasike appealed the ruling before Kanungu Chief Magistrates arguing that her right to be heard was violated because she did not receive summons of the original jurisdiction and was unable to file a defense because her phone was by then used by her sister identified as Rhona Atukwasa.

On Thursday evening, Kanungu Grade One Magistrate Asanasio Mukobi set March 14, 2023, as the date when he will give a ruling on Kyarikunda’s petition.

Tumwiine’s lawyer Erasmus Mbabazi, argues that Kyarikunda’s petition lacks merit adding that she is only delaying time to pay compensation and fine.  

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