Court orders Woman to pay ex-fiance $2,500 for breach of promise to marry him after paying her school fees
A Court in Kanungu District, Uganda has ordered a woman to pay her former fiancé more than Shs10 million (about $2,500) as compensation for breach of the promise to marry him.
Court records show that Richard Tumwine and Fortunate Kyarikunda, both teachers started their love relationship in 2015 and that the duo later entered a promise to marry agreement in 2018.
The court also heard that Tumwine, a teacher at Kiringa Primary School, financially supported Kyarikunda- including sponsoring her for a diploma in law at the Law Development Center (LDC) where he spent more than Shs9.4 million.
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Kanungu Grade One Magistrate Asanasio Mukobi held that since the promise to marry was not fulfilled by Kyarikunda to the detriment of Tumwine, then he is entitled to re-imbursement of his Shs9.4 million spent on her.
Mr Mukobi also ordered Kyarikunda to pay Shs1milllion to Tumwine as general damages for inconveniences and psychological anguish suffered.
The magistrate further ruled that Kyarikunda pays legal costs incurred by Tumwine in prosecution of his case.
“I note, from the exhibit, several mobile money transfer transactions from the plaintiff’s cell phone in names of Richard Tumwine to the defendant’s cell phone in names of Fortunate Kyarikunda,” the magistrate observed.
The magistrate added: “From the exhibit, it is indicated as a budget for introduction for Fortunate Kyarikunda’s parents home and several items worth Shs5million are indicated on the list and the comments of the defendant appreciating the budget and requesting for more financial support to enable her go to Rubanda is clearly indicated.”
At hearing of the case, Tumwine told court that the introduction ceremony was slated for February 2022 but it did not take place with no justifiable reason given.
The court heard that Kyarikunda came up with an excuse that her parents have stated that their daughter should not get married to an older man referring to Tumwine.
But the court held: “This is equally unreasonable, a misrepresentation and a fraud. In any case, the defendant had all the opportunity to reject the plaintiff’s love requests at the earliest point possible and avoid interfering with his financial obligations.”
The court observed that the two people were engaged in a love relationship and that from the exhibits presented, arrangements for an introduction ceremony were made.
“The defendant (Kyarikunda) suggested that it takes place in February 2022 and the said date passed despite the plaintiff’s preparations for the introduction. The excuse the defendant gave was that she could not get married to an old man, the plaintiff, as if she did not see young men during there over four years courtship,” the magistrate ruled.
Speaking to the Daily Monitor on Sunday, January 29, 2023, after the court verdict, Richard Tumwine says still believes in love, even after suffering a heartbreak.
Mr Tumwine revealed that when Ms Kyarikunda wanted to pursue a diploma in law at the Law Development Centre in Kampala, she asked him to pay all fees that totaled Shs9.43 million. Mr Tumwine had cleared the fees.
“I wanted her to complete her studies so that I can marry a well-educated wife that will not be dependent on me,” he said in the telephone interview.
Mr Tumwine said all was set for the two to commence introduction marriage ceremonies. The introduction ceremony was slated to take place in February of 2022, but Ms Kyarikunda opted out citing Mr Tumwine’s age.
“When she disappointed me, I did not take the law in my hands because I knew the repercussions,” Mr Tumwine said.
After she told him she would not marry him, Mr Tumwine said he engaged Ms Kyarikunda’s grandfather in a mediation process.
He also engaged the local leaders, the police, relatives and friends but no positive result was attained.
“I was advised by my friends to file a civil case in the Kanungu chief magistrate’s court which I did on July 1 … and the case was registered as No.24 of 2022. I was happy when the court last week ruled in my favor,” Mr Tumwine said.
“I pray to God to give me a suitable and well-educated woman that I can marry,” the born again Christian said.
“I began special day and night prayers so that God can get me the wife of my dreams.”
Mr Tumwine said that he will use the costs awarded to him to spruce up his house as he prepares for the next chapter in his life.