A woman who was fined Shs10.4 million last month for breaking her vow to wed the man who paid for her education has appealed the decision.
In January this year, Fortunate Kyarikunda was ordered by Asanasio Mukobi, the Magistrate Grade One in Kanungu, to pay legal fees and return the money that was spent on her by Richard Tumwine, a 40-year-old Kanungu resident.
However, Kyarikunda through Nasike & Co. Advocates, has appealed against the decision asking the Kanungu Chief Magistrate’s Court to set Grade One Magistrate Asanasio Mukobi’s decision aside.
In her application, Kyarikunda contends that she was not duly served with the summons to file her defence in civil suit No. 024/2022, thus violating her right to be heard.
Kyarikunda states that she did not receive the purported service of summons to file her defence through WhatsApp as her sister Rhona Atukwasa was the one using her phone at that time.
Kyarikunda believes that she has a strong defence to the suit because the respondent has no cause of action against her.
“I verily believe to be true that had I been given an opportunity to be heard in this matter, court would not have passed judgement against me,” reads her application in part.
She adds: “I believe the court shall reach a different decision after hearing my side of the story. Failure to serve me with the summons in the said matter was a direct violation of my constitutional right to be heard and was against the rules of natural justice.”
The hearing of the application has been set for February 23.
Meanwhile, Tumwine, who is partly pleased that the court ruled in his favor, feels that the Shs10 million Kyarikunda was ordered to pay is insufficient.
