The court found that Kyarikunda consistently failed to appear before the court, as did her purported counsel.
KAMPALA – The Kanungu Magistrates Court has dismissed a petition filed by Fortunate Kyarikunda seeking to set aside a ruling that ordered her to compensate Richard Tumwiine for breach of a marriage promise. Kyarikunda filed the petition on March 17, 2023, through M/S Nasike & Co Advocates, requesting that the ruling issued by the Kanungu Grade One Magistrates Court in civil suit number 024 of 2022 be overturned.
She argued that she did not receive the original summons and was unable to file a defense because her phone was in the possession of her sister, Rhona Atukwasa. In the original jurisdiction, the court ruled that since Kyarikunda did not fulfill her promise to marry Tumwiine, he was entitled to reimbursement of Shillings 9 million he had spent on her studies, as well as Shillings one million in general damages for inconvenience and psychological anguish suffered.
In the May 25, 2023 ruling, but read on Tuesday, Kanungu Grade One Magistrate Asanasio Mukobi dismissed Kyarikunda’s application with costs. The court found that Kyarikunda consistently failed to appear before the court, as did her purported counsel.
“To say the least, this court finds that the applicant has defeated her own pursuit for justice. She has consistently never appeared before this court and so is her purported counsel. They do not even want the application filed by themselves to be heard and determined although the applicant alleges that she wants justice by being heard… This is incredible and it must be out of shame given the circumstances of the subject matter in the main suit. Justice is not only for the applicant but also the respondent,” reads the ruling.
