Rukungiri Grade One Magistrate’s court has scheduled July 21st, 2023, as the hearing date for the restatement application filed by Fortunate Kyarikunda.
The application seeks to set aside a ruling in favour of Richard Tumwiine regarding a breach of a marriage promise.
Kyarikunda lodged the reinstatement application after losing three similar petitions before the Grade One Magistrate’s Court in Kanungu district.
This marks the fourth time that Kyarikunda has filed the application. Represented by her lawyers, Atuheire Phiona of M/S Twikirize & Company Advocates, she argued that the Kanungu court displayed bias.
Kyarikunda claimed that she did not receive the original summons and was unable to file a defence due to her phone being in the possession of her sister, Rhona Atukwasa.
Tumwiine, represented by his lawyers Nabimanya and Company Advocates filed a defense and a security for costs application on Tuesday afternoon.
However, Rukungiri Grade One Magistrate Martin Wakayemba ruled that Tumwiine’s application could not be heard before Kyarikunda’s.
In light of this, the court set July 21st, 2023 to hear Kyarikunda’s case, who appeared in court for the first time but declined to speak to the media.
Nabimanya stated that he and his client are not intimidated by Kyarikunda, as they believe she is merely attempting to delay payment and buy time.
In the original ruling in January 2023, the Grade One Magistrate’s Court ordered Kyarikunda to reimburse Tumwiine with 9 million Shillings, covering his expenses 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, initiated 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 9.4 million Shillings 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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