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Court orders woman to pay boyfriend sh14m over using business dime for personal gain

by Editorial Team
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By Paul Galiwango

A former commercial bank employee has been ordered to pay over sh14m to her boyfriend.

The employee was found guilty of using money sent to her for businesses for her personal gain.

Law Development Centre court principal magistrate Martins Kirya’s Friday order followed a civil suit filed by Isaac Kumakech against his girlfriend, Patience Ngaimita.

Kumakech asked court to order Ngaimita to pay back money sent to her to start up a bar and restaurant business, which he accused her of instead using it for personal gain.

According to the submissions before court, the two met on Facebook and gained intimacy which matured into a proposal for marriage.

At the time, Kumakech was pursuing his master’s degree in the US, while Ngaimita was working with the bank’s Mbale branch.

After some time, the two agreed to set up a business. Consequently, Ngaimita resigned from her job, settled in Kampala and established a bar and restaurant to be sponsored by Kumakech. 

They also agreed to form a company, which saw the creation of Living Room Limited, where both were the directors.

Ngaimita shifted to Mbalwa, Namugongo in Kira municipality and Kumakech started depositing money on her mobile number. However, Kumakech 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 with costs from the period of the case at an interest rate of 25% annually.

Ngaimita’s defence

In her defence, Ngaimita informed the court that the money sent to her was meant for her upkeep and not for business. 

According to her, she sent Kumakech 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 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, but was frustrated by the employer and indicated that the letter was fake and intended to hoodwink Kumakech. 

According to the magistrate, the letter was fake because it was handwritten yet the organisation was of repute and not being received or copied to anyone in an institution with many stakeholders.

He, therefore, ordered Ngaimita to pay back shillings 14, 952, 335 received from the creation of the company at an interest rate of 25% annually plus one million (sh1m) punitive damages for having acted fraudulently.

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