KAMPALA, UGANDA – A landmark ruling by Uganda’s High Court has significant implications for unmarried couples, emphasizing the importance of clear agreements and definitions in romantic relationships and business investments.
Justice Musa Ssekaana dismissed a case brought by Peter Ziruntusa, a Ugandan immigration lawyer based in the UK, seeking to recover over 422 million shillings ($106,000) from his former romantic partner, Resty Meribel Mbabazi, and three others: Desire Mwesigwa Lutabaire, Johnson Asaba Byaruhanga (aka Faisal Waissa), and Jackson Musitwa Mugwanya.
Ziruntusa alleged that he entered into an oral investment agreement with Mbabazi in 2016, after meeting her on Facebook in 2015. He claimed to have sent over 300 million shillings to Mbabazi between 2016 and 2019 but was unhappy with the audit report, leading to the institution of a criminal case against the four.
However, Mbabazi countered that Ziruntusa’s advances were romantic, not commercial. She stated that he had expressed interest in a romantic relationship and later supported her philanthropic activities and plans to establish a clinic.
The court ruled that unmarried couples have no right to recover money contributed to the relationship unless jointly owned or registered.
“In cases of concubinage or meretricious cohabitation, neither party has the right to seek compensation for services provided or contributions made,” Justice Ssekaana emphasized.
The judge noted that Ziruntusa failed to define his relationship with Mbabazi and had relatives in Uganda who could have overseen his investments.
Mbabazi’s defense revealed that Ziruntusa misrepresented himself as a passionate immigration lawyer interested in protecting vulnerable children to gain her trust.
“The relationship between the plaintiff and the 1st defendant was not a commercial one but rather a romantic or sexual relationship which ought not to be converted into a contract or trust,” Justice Ssekaana ruled.
Legal experts say this ruling highlights the complexities of navigating love, law, and finance, underscoring the need for explicit understandings between partners.
“This ruling sets a precedent for unmarried couples in Uganda, emphasizing the importance of clear agreements and definitions in romantic relationships and business investments,” said Kampala-based lawyer, Evelyn Luswata.
The ruling has sparked debate on social media, with many Ugandans sharing their experiences and opinions on the intersection of love and law.
