Law Development Centre court principal magistrate Martins Kirya’s Friday order followed a civil suit filed by Isaac Komakech against his girlfriend, Patience Ngaimita.
Komakech asked court to order Ngaimita to pay back money sent to her to start up a bar and restaurant business. He accused her of diverting the money for personal gains.
According to the submissions before court, the two met via Facebook and gained intimacy which matured into a proposal for marriage. At the time, Komakech was pursuing his master’s degree in the US. Ngaimita meanwhile, was working with the bank’s Mbale branch.
After some time, the two agreed to set up a business, and Ngaimita resign from the job. They agreed for her to settle in Kampala and establish a bar and restaurant.
All these would be sponsored by Komakech. They also agreed to form a company, which saw creation as Living Room Limited where both were the directors.
Ngaimita soon shifted to Mbalwa, Namugongo in Kira municipality and Komakech started depositing money on her mobile number. However, he accused the girl of deceiving him and using the money for personal gain.
He, therefore asked the court to order Ngaimita to pay back shillings 15, 952, 335. This includes costs from the period of the case at an interest rate of 25% annually.
However, in her defense, Ngaimita informed the court that the money sent to her was meant for her upkeep and not for business.
According to her, she sent Komakech a business proposal, which he did not respond to and requested the court to dismiss the case with costs.
In his ruling, the magistrate indicated that Ngaimita was deceitful to her boyfriend. This was on the grounds that the sums of money and the duration as a whole indicate that there was a well-intentioned desire to invest the money.
The magistrate added that Ngaimita’s tendering in of the resignation letter demonstrates her assurance that she did all she could to resign. However, she was frustrated by the employer and indicated that the letter was fake and intended to hoodwink Komakech.
According to the magistrate, the letter was fake. This is because it was handwritten yet the organization was of repute. And not being received or copied by anyone in an institution with many stakeholders.
He, therefore, ordered Ngaimita to pay back shillings 14,952,335 received. This is from the creation of the company at an interest rate of 25% annually. She will also pay an additional one million (shillings 1,000,000) in punitive damages for having acted fraudulently.
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