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Woman sentenced over failure to honour marriage agreement

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A woman attached to Rubanda Town Council has been sentenced to civil prison after failing to honour a court order requiring her to pay more than Shs14 million to her former partner following a failed marriage agreement.

Fortunate Kyarikunda, a resident of Kiringa Parish in Kanungu District, was on Tuesday committed to Rukungiri Government Prison by the Rukungiri Chief Magistrate’s Court after she failed to comply with a court decree ordering her to compensate Richard Tumwiine, a primary school teacher from Kagoongo–Nyakagyezi Village in Nyarutojo Parish.

Court records indicate that the dispute dates back to a 2023 ruling by the Kanungu Magistrate’s Court, which directed Kyarikunda to refund Shs9,439,100 that Tumwiine had spent on her education while the two were in a relationship and planning to marry.

The court also awarded Tumwiine Shs1 million in general damages for the inconvenience and emotional distress he suffered after the relationship collapsed.

Despite the ruling, Kyarikunda did not settle the money and instead filed an application seeking to have the judgment set aside, arguing that she had never received the court summons to defend herself.

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She claimed that during the period when the summons were allegedly issued, her mobile phone was being used by her sister, Rhona Atukwasa, and therefore, she was unaware of the court proceedings.

However, the court dismissed the application, maintaining that the earlier judgment remained valid.

Unsatisfied with the decision, Kyarikunda later filed another application before the Rukungiri Grade One Magistrate’s Court seeking to overturn the ruling on similar grounds, but the petition was again rejected.

With the court order still not honoured, authorities on Tuesday arrested Kyarikunda from Rubanda Town while she was reportedly on duty and transported her to Rukungiri to face charges of failing to comply with the court decree.

Rukungiri Grade One Magistrate Dinah Nekesa ordered that Kyarikunda be committed to civil prison for a period not exceeding six months unless the outstanding amount is fully paid.

“Whereas the judgment debtor has been brought before this court and ordered to pay the sum of Shs14,099,100, and whereas the said debtor has neither obeyed the judgment nor satisfied the court that she is entitled to be discharged from custody, you are commanded to take and receive Kyarikunda Fortunate into civil prison for a period not exceeding six months or until the judgment decree is fully satisfied,” a warrant issued by the court stated in part.

By the time of her arrest, the total amount owed had accumulated to Shs14,099,100.

Kyarikunda declined to comment on the matter after the court proceedings.

Tumwiine’s lawyer, Erasmus Nabimanya of Nabimanya and Company Advocates, welcomed the court decision, saying the judgment debtor had repeatedly ignored lawful orders.

“The court gave her enough time to comply with the decree but she failed to honour the judgment,” Nabimanya said.

According to information presented in court, Tumwiine and Kyarikunda began their relationship in 2015 when they were both teachers at Kiringa Primary School in Kambuga Sub-county.

In 2018, the couple reportedly entered into a marriage agreement and began making plans for their future together.

During the relationship, Tumwiine financed Kyarikunda’s studies at the Law Development Centre (LDC) in Kampala where she pursued a diploma in legal practice, spending more than Shs9.4 million on tuition and related expenses.

The two had reportedly planned to hold a traditional introduction ceremony in February 2022.

However, the plans later collapsed after Kyarikunda withdrew from the relationship, reportedly citing the age gap between the two.

She told the court that Tumwiine was much older than her and that continuing with the relationship would cause her stress.

Following the cancellation of the marriage plans, Tumwiine took the matter to court seeking compensation for breach of a marriage promise and recovery of the money he had invested in her education.

In earlier remarks about the case, Tumwiine said he decided to pursue legal action after consulting local leaders and police officers who advised him to remain calm and seek justice through the courts.

He explained that the money he used to support Kyarikunda’s studies had been mobilised from his salary, agricultural produce, and income from rental properties in Kanyantorogo Sub-county.

Although the court ruling could not restore the relationship he had hoped for, Tumwiine said the case should remind the public about the importance of keeping promises and respecting commitments.

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