Court orders Woman to pay ex-fiance $2,500 for breach of promise to marry him after paying her school fees

Spread the love

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.


Log in to primsol.lawpavilion.com and enjoy the best E-journals, textbooks, and many more

To subscribe to Primsol, go to store.lawpavilion.com.

For further enquiries/assistance, send an email to customercare@lawpavilion.com or call 08050298729


 

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.



Call Bridget Edokwe Esq on 08060798767 or send your email to ngbarrister@gmail.com



Price: ₦25,000.00 or £25 per copy [Hard Back– 10 chapters/637 pages] Contact Information Email: info@idrinstitute.com, info@adrinafrica.org WhatsApp only: 0803-703-5989 Voice Call – Mobile phones: 0817-630-8030, +234-909-965-1401, 0705-767-0347 Landline: 09-2913581, +234-9-2913499, Office Address: 50 Julius Nyerere Crescent, [Next To The World Bank], Asokoro, Abuja – Nigeria. Bank Account Details; Bank Name: UBA Plc.; Account Name: International Dispute Resolution Institute; Account Number: 1014072579

Get ‘Personal Property Law in Nigeria’ By Chief Mike A.A. Ozekhome, SAN (FREE)

Click below to download FREE

https://www.pulp.up.ac.za/monographs/personal-property-law-in-nigeria

This topical new book engages fully the knotty areas of Lawyer/client, Lawyer/court and lawyer/lawyer relations.

Price: N7,000

Contact: 08036064470, 08183531785


CLICK HERE TO KNOW MORE ABOUT THIS BOOK Call: 08038784639 to get a copy handy now @ N5,000. The book is also available at the Nigerian Law School Book Bookshop Lagos, call the number to pick your copy

ADVERTISEMENT

BESTSELLER: Commercial and Economic Law in Nigeria By Chief Mike Ozekhome, SAN [ORDER NOW] To ORDER click the link https://kluwerlawonline.com/EncyclopediaChapter/IEL+Commercial+and+Economic+Law/COMM20210001

Price – N20,000 only To Order – WhatsApp, text or call – 08037009616 Office – No 1 Dyaji Close, Rayfield, Jos


Buy the Book on Military Law, authored by a Veteran Military Lawyer, and launched personally by the then COAS.

SHOP NOW  CALL THIS PHONE NUMBER 07087622283 TO GET A COPY



To get a copy kindly Call 07044444777, 07044444999 & 08181999888 or visit us at: Investment House, 7th Floor, 21/25 Broad St., Lagos. Buy online @ www.alexandernigeria.com


Available at Frank Agbedo & Co. Crown Chambers. 5th floor, left wing, Nipost Building, Lagos Island, Lagos State. Tel: 08033254471, 09077950432 Email: frankagbedo@gmail.com

Steps To Subscribe To the Court of Appeal Reports Nigeria


%d bloggers like this: