Sunday Local Court News

Sun, 19 Mar 2017 13:18:16 +0000

Boozing wife divorced

By FRANK NYAMBE

A LUSAKA housewife who seriously took to the bottle and failed to perform household chores has lost her marriage in a Local Court.

This is in a case in which Justin Kabengele, 37, a businessman of Kanyama compound sued his wife, Juliet Mwenda, 30, a hair dresser for divorce because she had taken to the bottle.

The two got married in 2007 and have one child.

Kabengele told Senior Court Magistrate Lewis Mumba sitting with Magistrate Abbyshine Michelo at Kanyama Local Court that Mwenda drinks beer excessively and comes home as late as 21.oo hours subjecting him to cooking meals on his own.

He explained that when he told Mwenda to come home early, she would tell him to mind his own business and often times she chased him away from home.

Kabengele said that both families sat on several occasion to try and bring peace in the couple’s home but all was in vain.

He said instead the situation became worse because Mwenda continued coming home totally inebriated.

“When we went to Victim Support Unit, she was told that her friends are praying for marriage but she said she didn’t want that and those praying should just come for me,’’ said Kabengele.

In cross-examination, Kabengele said that he had been cooking on his own for two years.

In defence, Mwenda said that Kabengele was embarrassing her because he kept secretes with his daughter from his previous marriage.

Mwenda said that Kabengele embarrassed her more when he left matrimonial home because he said she was a prostitute and that they had been on separation for three weeks.

Mwenda denied drinking beer or going back home late but said that she only drank once on Christmas Eve when Kabengele took her out.

She said she still loved Kabengele because they have a child together.

Magistrate Mumba said that Mwenda had unreasonable behaviour because she drank beer excessively and chased her husband from home and did not want to listen to him.

He granted the couple divorce without compensation but Kabengele was ordered to be paying child maintenance fee of K300 per month. Property acquired together would be shared equally.

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‘He accuses me of meeting my ex-husband’

By FRANK NYAMBE

A 33-YEAR-OLD woman narrated before a Local Court in Lusaka that her husband was so jealous that he accused her of meeting with the father of her child from her previous marriage.

This is in a case in which Siku Palata of Garden House compound sued her husband, Njamba Njobvu, 39, a driver for divorce on allegation that he was too cruel. However, Njobvu said that he still loved his wife.

Palata told Senior Court Magistrate Lewis Mumba sitting with Magistrate Abbyshine Michelo at Kanyama Local Court that she had no peace since the inception of marriage because Njobvu beat her and did not want her to go to the village thinking she would meet with her ex-husband.

She explained that when she went to the funeral in the village, Njobvu told her not to come back because his informants told him that they saw her in a suit and had applied powder on her face.

Palata said that she wanted to divorce Njobvu because after she went to visit her sick relative in the village, he told her that he would kill her.  She said that at one time, she fainted after he beat her. In defence, Njobvu said that problems started last year because Palata started arriving home late as she became a marriage counsellor and insisted that she wanted freedom.

He explained that he was shocked to find that on Palata’s phone there were two numbers of men but one of them cheated that he wanted his daughter to be counselled by her.

Njobvu said that they only fought with Palata once when they were in the village but denied causing her to faint.

Magistrate Mumba said that Palata wanted divorce and that the court had noted that Njobvu was a very jealous man.

He said that when couples divorced it was children who suffered most and gave them three months for Njobvu to reduce on his jealous, adding that if he did not change Palata should come back to court.

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Man cries loudly for divorce

By FRANK NYAMBE

A 24-YEAR-OLD woman narrated before a Local Court in Lusaka that she was shocked after her husband cried loudly after knocking off from work and told the people that he wanted to commit suicide because he did not like her.

This is in a case in which Mary Jalata of Kanyama compound sued her husband, Davison Lweendo, 31, for divorce.

The two got married in 2009 and have two children.

Jalata told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court that problems started in 2016 when she found a number of a woman on Lweendo’s phone and he stopped bringing money home on the pretext that he was settling debts.

She explained that later Lweendo said that he wanted to marry the same woman whose number was on his phone.

Jalata said that in October last year, she used money meant for house rentals to travel to the village. ‘’I was shocked after Lweendo knocked off because he cried loudly and when people asked him he said he wanted to commit suicide because he doesn’t love me.

“ Lweendo started sleeping alone on the floor and when I said that I will go to the village, he became very happy and he gave me K70, that was how I went to the village in November 2016,’’ said Jalata.

Jalata said that in February 2017 Lweendo phoned her and told her that he wanted a child because he has married another woman. At Victim Support Unit, he inssited he did not want her.

In defence, Lweendo said that he sent Jalata to her parents so that they could resolve the matter but instead she went somewhere else.

He denied marrying another woman.

Magistrate Michelo said that there were problems in the marriage because Jalata and Lweendo  were not living under one roof.

He said that according to the document which was presented in court from Victim Support Unit and signed by Lweendo, he did not want Jalata, adding that the court could not force him to remain in marriage.

He granted the couple divorce ordering Lweendo to compensate Jalata K3000 by monthly instalments of K300 and to be paying child maintenance fee of K400 per month. Property acquired together would be shared equally.

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Man 60, divorced for being a sex maniac

By FRANK NYAMBE

A 60-YEAR-OLD man shocked a Local Court in Lusaka after his wife said she was tired of his excessive sexual prowess which did not give her chance to rest even during menstruation periods.

This is in a case in which Elizabeth Phiri, 53, a vendor of Makeni sued her husband Severian Phiri a security guard for divorce.

The two got married in 1978 and have eleven children. Dowry was paid.

Elizabeth told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court that since she got married Phiri has not bought her a chitenge material.

She explained that when she asked about money to buy new clothes, he told her to go to the road for truck drivers or men driving expensive cars to give her money.

Elizabeth added that Phiri is over making love to her because he did give her chance to rest, adding that her husband would insist to have sex with her even when she was not feeling well or going through her monthly menstruation periods.

Elizabeth further said that when Phiri came home drunk, children would run away and talk until midnight.

“ I went  away with my sick daughter on January 6, 2017 but Phiri said I should go for good, he never asked about the daughter’s condition,’’ said Elizabeth.

In cross-examination, Elizabeth said that she left matrimonial bedroom on December 21, 2016 because Phiri wanted to be making love while their daughter was very sick.

In defence, Phiri said that Elizabeth told him that his friends gave their wives money for hair and lotions which he said he could not afford.

He explained that when their daughter got sick, she went to see the witchdoctors without telling him.

Phiri said that he was later surprised when his wife came with a van to collect her belongings and left.

Asked by the court if she could give her husband a chance because they had stayed together for 38 years in marriage, Elizabeth maintained that she wanted divorce.

Magistrate Michelo said that the court has been troubled because 38 years in marriage was a long time to grant divorce.

He got surprised that Phiri at 60 years made love to his wife like a young man without giving her chance even when she was sick.

He granted the couple divorce without compensation but Phiri was ordered to be paying monthly child maintenance fee to his 12-year-old child of K300. Property acquired together would be shared equally.

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Man refuses to buy clothes for his pregnant wife for denying him sex

By FRANK NYAMBE

A 42-YEAR-OLD man narrated before a Local Court in Lusaka that he is refusing to buy clothes for his nine months pregnant wife because she did not tell him about the pregnancy and that she was denying him conjugal rights by sleeping on the floor.

This is in a case in which Kebby Mwemba a security guard of Old Kanyama compound sued his wife, Rachael Monje, 35, for divorce. However, Monje said that she still loved her husband.

The two got married in 2007 and have four children.

Mwemba told Senior Court Magistrate Lewis Mumba sitting with Magistrate Abbyshine Michelo at Kanyama Local Court that his first wife died in 2005 and that he left him with three children, adding that he was staying with his cousin who went to village in 2009 after he differed with Monje.

He explained that after they remained, just the two of them refused to prepare him food and would say it was better that dowry was returned because she was not enjoying her married life.

Mwemba said that they went to the village on two occasions to resolve the matter but to no avail because Monje insisted she wanted to live with her parents.

Mwemba added that Monje denies him conjugal rights by sleeping on the floor and that at Victim Support Unit she said she did not want him.

In defence, Monje said that Mwemba sold a fridge and a home theatre because he wanted to marry another woman.

She was, however, surprised to be dragged to court when it was her who was supposed to sue him.

“Mwemba has a problem because before we married, I heard that he divorced another woman he was beating every day. I am nine months pregnant but he refuses to buy anything for me,’’ said Monje.

But Mwemba said that he could not buy anything because Monje did not tell him about the pregnancy and that she denied him conjugal rights by sleeping on the floor.

Magistrate Mumba adjourned the matter to June 30 and ordered Mwemba to buy clothes for the child.