Africa-Press – Uganda. Kanungu Magistrate’s Court has dismissed an application in which a woman had sought to overturn a ruling where she was fined Shs10.4m for breaching a marriage promise.
Kanungu Grade One Magistrate Asanasio Mukobi yesterday ruled that Ms Fortunate Kyarikunda’s application could not stand since she forged signatures and altered her evidence during amendment.
“The application is dismissed with no costs awarded,” Magistrate Mukobi ruled.
Ms Kyarikunda, who was not in court yesterday, was represented by her lawyers from M/s Nasike & Company Advocates.
However, they said they were not satisfied with the court ruling and would appeal.
“Whereas Mr Richard Tumwiine’s story was heard, no one has ever heard from our client and yet people continue to judge her wrongly. We shall appeal against this court ruling because all we want is our client to be heard,” Ms Sarah Nakike, a lawyer representing Ms Kyarikunda, said.
Mr Erasmus Nabimanya, who was representing Mr Tumwiine, welcomed the court ruling but said they should have been awarded with costs of the suit.
“While we are happy that the filed application was dismissed, court did not award us costs yet we spent a lot of money. In consultation with my client, we shall consider filling an application, demanding for the costs of this dismissed application,” Mr Nabimanya said.
Mr Tumwiine yesterday said Ms Kyarikunda’s absence from court raises more questions.
“I think by filing the application for the case to be heard interparty, Ms Kyarikunda was just buying time and attracting public sympathy but her failure to attend court in person shows that she is guilty of the offence she committed,” he said.
Court last month found that Ms Kyarikunda breached a 2018 promise to marry Mr Richard Tumwine who paid her tuition to study a diploma in law on the understanding that she would be his future wife. Ms Kyarikunda was fined Shs10.4m.
However in her appeal, Ms Kyarikunda said she was not given an opportunity to defend self.
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