By MULENGA MUSONDA
A 39-YEAR-OLD Farmer has appealed against the ruling of the Local Court to pay K10, 000 in compensation after he was caught redhanded committing adultery .
In this matter Ashen Miyoba who is the appelant has dragged Ali Muleya ,32, to the Choma Magistrates Court to prove to him why he deserved the K10,000 he was ordered to pay because according to him the respondent never adduced enough evidence to prove that an adulterous affair took place.
In his grounds for appeal, Miyoba submitted that the respondent’s wife never testified in Court, and that the parents to the woman denied ever giving her off in marriage to Muleya.
When the matter came up for hearing before Court, Miyoba testified that in February 2019 he was accused of having sexual relations with the respondent’s wife and he was ordered to pay K10,000 by the Choma Local Court despite his consistent denials.
But the respondent in defending his claim, stated that one week after paying K100 for marriage from the K4,500 he was charged , he caught Miyoba in the act with his wife at her parents’ place.
“Just after one week of being charged the bride price, i caught Miyoba having sex with my wife.
“The door to the hut was slightly ajar, so when i peeped , i saw him having sex with my wife.I tied the door with a wire and woke up my in-laws” he testified.
He said the matter was reported to the Village Headman who ruled in Miyoba’s favour because K100 was a small amount to put the appellant in problems according to the traditional leader.
But in cross examination, Muleya told the Court that he had nothing to show that he caught them in the act, and the reason he couldn’t take his wife to Court was because she was now married to Miyoba.
Hearing continues on October 14 before Resident Magistrate Ethel Phiri.
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