Botched marriage: Lawyers prepare defense as ex-fiance appeals judgement   

Lawyers representing Richard Tumwiine, a teacher whose ex-fiance was ordered to pay Shs 10 million as compensation for breach of a promise to marry him, have said that they are ready to defend the victory in the appellant court. 

This is after the ex-fiance Fortunate Kyarikunda, a resident of Kiringa parish in Kambuga sub-county filed an appeal before the Chief Magistrate’s court against a ruling by Kanungu Magistrate’s court that ordered her to compensate Tumwiine for 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 (LDC) in Kampala. He said he spent at least Shs 9.4 million on the course.

After completing the bar course, the lovebirds 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 30s.

Tumwiine then sought redress in court accusing Kyarikunda of 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. He added that he had endured scorn from friends and relatives as a man who was conned and rejected by a woman.

In his ruling, Kanungu grade one magistrate Asanasio Mukobi held that since Kyarikunda did not fulfil the promise to marry Tumwine, he was entitled to reimbursement of the money he spent on her studies and an additional Shs 1 million as general damages for inconveniences and psychological anguish suffered.

Kyarikunda neither submitted a defence nor attended the proceedings in court. But she has now filed an appeal and argued that her right to be heard was violated because 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.

Tumwiine is required to file a defence before February 23. However, his legal team led by Erasmus Nabimanya told our reporter that the grounds Kyarikunda is basing on to appeal are false. He added that they will apply to the court requesting for physical cross-examination between Kyarikunda and Tumwiine.