A woman who backed out of marrying a man who had paid her school fees has been ordered to refund shillings 9.4 million spent on her.
The Chief Magistrate’s Court of Kanungu ordered Fortunate Kyarikunda, who dumped her lover that had sponsored her studies to refund shs9.4 million spent on her as well as as pay legal costs.
The Magistrate Grade One, Asanasio Mukobi delivered the ruling following a successful application by the plaintiff, Richard Tumwine.
According to the court documents seen by the Nile Post, Tumwine, in 2015 while he was a teacher at Kiringa Primary School, met Kyarikunda who had come to the same school for teaching practice. Eventually, they started a love relationship.
Ultimately, the pair entered a promise to marry in 2018 while at the same time, Tumwine committed to supporting the defendant’s studies at Law Development Centre (LDC), an exercise that cost him Shs9.4m.
“The plaintiff financially supported the defendant including sponsoring her for a Diploma in Law at LDC. He spent Shs9,439, 100,” the court document partly reads.
After agreeing to arrange an introduction ceremony in February 2022, Tumwine told court that Kyarikunda turned down the proposal on grounds he was too old for her.
“On 10th January, 2022, the two persons arranged for an introduction ceremony and a budget was drawn with the function slated for February 2022. The defendant later turned against the plaintiff saying she cannot marry an old man hence this suit,” the court document stated.
Consequently, a disappointed Tumwine ran to court seeking for reimbursement of the funds he had spent on her prior to the failed relationship.
He also sought general damages to a tune of Shs1m from the defendant.
According to the court, Kyarikunda was served with court processes but failed to file a defence to the suit, hence granting Tumwine an order to proceed with the suit.
Court decides
Following a court sitting on Wednesday, Mukobi, ruled in favour of Tumwine and ordered Kyarikunda to refund Shs9.4 he spent on her, saying she had breached the promise to marry.
“Consequently, I hold that since the promise to marry was not fulfilled by the defendant to the detriment of the plaintiff, then the plaintiff is entitled to reimbursement of his Shs9,439,100 spent on her,” Mukobi ruled.
The court further ruled that Kyarikunda pays Shs1m in general damages to Tumwine for inconveniences and psychological anguish.
She was also ordered to pay legal costs.
“..I find that this is a proper case in which the plaintiff should be awarded the costs of the suit to be paid by the defendant. I so order.” the judge ordered.
