Frustrated Tumusiime prepares defence
Richard Tumwiine, a teacher in a Kanungu based school whose ex- fiancee was fined 10.4 million shillings over a marriage proposal gone bad is back to the drawing board, following an appeal by the latter.
Fortunate Kyarikunda, a resident of Kiringa Parish in Kambuga sub-county was in January 2023, ordered by the Kanungu Chief Magistrate’s Court to pay Tumwine the fine for breaking a marriage promise she made in 2018 to marry Tumwiine.
Kyarikunda, in her thirties refused to marry her suitor 60, claiming he was too old and likely to cause her stress in the marriage.
Grade One Magistrate Asanasio Mukobi ruled that Kyarikunda pays 1 million shillings as general damages for inconveniences and psychological torture he suffered for the failed marriage and 9.4 million Shillings as reimbursement for sponsoring her Diploma in Legal Practice at the Law Development Centre in Kampala
However, Kyarikunda will not take it lying down. She has appealed the ruling at the same court through her lawyers Nasike and Co. advocates. In her petition, Kyarikunda claims her rights were violated as she was not duly served with summons to properly file her defense because her phone was by then used by her sister identified as Rhona Atukwasa.
Kyarikunda says she had neither submitted a defence nor attended the proceedings in court.
Tumwiine is required to file a defence before February 23, 2023but his lawyers led by Erasmus Nabimanya believe the application is dead upon arrival. Nibamanya says the basis of appeal is false and they intend to request court for a physical cross-examination between Kyarikunda and Tumwiine.
“For me this application is baseless and founded on falsehoods. We shall have to apply to court to cross examine the applicant and address all the falsehoods. We believe that this application will be dismissed and I dont want to discuss the details because of subjudice. ” said Nabimanya.
