Court News

Sun, 02 Apr 2017 11:01:54 +0000

Woman demands more nights  of having polygamous man

 By Frank Nyambe

A 40-YEAR-OLD woman in a polygamous marriage has submitted in the Lusaka Local Court that she wanted her husband to give them equal days of sleeping with her because he spends more nights with another wife.

This is in a case in which Caroline Luhanga a vendor of Makeni sued her husband, Kelvin Chikwenga, 43, a taxi-driver for reconciliation.

Chikwenga said that he still loved his wife, Luhanga.

The two got married in 2009 and they have one child. Dowry was paid.

Luhanga told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court that in 2011 when she had a child, Chikwenga reconciled with his former wife without informing her.

She explained that last year Chikwenga started spending nights out on the pretext that he was at his cousin.

Luhanga added that Chikwenga would spend six days out and that when she asks him he would tell her that he no longer loved her.

Luhanga further said that since March 16, 2017 Chikwenga has never returned home.

In defence, Chikwenga said that he is keeping two children of Luhanga from the previous marriage but she doesn’t want to keep his children.

He explained that he has nine children from different mothers and that it was the reason he looked for another woman who could keep his children.

Chikwenga added that his other wife is now keeping his four children.

In cross-examination, Luhanga asked Chikwenga when he would come home and Chikwenga said that he would come if she told him to.

In submission, Luhanga said that she wanted Chikwenga to give them equal days of spending nights with another woman.

Passing judgment, Magistrate Michelo said that it was surprising that at the age of, 43, Chikwenga has 10 children.

He said that Luhanga knew that Chikwenga had several women but she accepted and that the court could not give Chikwenga days of spending nights to her and that if Luhanga was happy with it she should live with it.

He reconciled the couple on the basis that they both wanted to reconcile.

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My wife’s parents say I paid very little dowry

By Frank Nyambe

  A 29-YEAR-OLD man narrated before a Local Court in Lusaka that his in-laws says he paid so little dowry that it was like buying a cell phone.

Rodgers Tembo of Ng’ombe compound was testifying in a case in which his wife, Monica Banda, 25, of John Laing compound sued him for divorce.

However, Tembo said that he still loved his wife, Banda.

The two got married in 2010 and they have two children. Dowry was paid.

Banda told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court that since they married with Tembo, she did not have peace because he has been beating her and insulting her.

She explained that at one time he squeezed his neck and beat her.

Banda added that she went to her parents after Banda beat her and that he never followed her or sent maintenance, adding that they have been on separation for ten months.

In defence, Tembo said that when they differed with Banda, her parents said he paid very little dowry which was like buying a cell phone.

He explained that even rules in their marriage came from Banda’s parents who told her not to have another child.

Passing judgment, Magistrate Michelo said that they lost love for each other because they have not been staying together for 10 months.

He granted the couple divorce without compensation but Tembo was to be paying child maintenance fee of K600 per month.

No property would be shared between Tembo and Banda because they did not have any property.

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Court detains unruly man after several warnings

A LOCAL Court in Lusaka has sent a man into detention for using inappropriate language despite several warnings.

Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba had no option but to send Kabamba Ngoyi a Mechanic of Kanyama compound into police cells who was sued by Astrida Mutale, 28, of the same compound for insults.

When the claim was read, Ngoyi denied insulting Mutale and the witness he claimed denied being his witness.

Mutale told the court that Ngoyi is her neighbour and that she dragged him to court because on March 20,2017 after accusing her of not wanting his son to marry a certain woman, he started insulting her mentioning her private part and saying she was a prostitte.

She explained that Ngoyi said if she wanted, she could go to a Local Court which was like just a community chairman.

In defence, Ngoyi who addressed the court as big man ‘ba mudala’ causing laughter in court and warned three times said that on March 20,2017 he wanted to go to his in-laws so that he could be charged the dowry of his son.

He explained that Mutale told him that the woman wanted to report her parents to police for forcing her to get married. He denied insulting Mutale.

And when the husband of Mutale, Alex Chemba, 32, started testifying how Ngoyi called Mutale a prostitute and mentioning her private part, Ngoyi interrupted him by saying that what he was saying was foolish ‘ivo vamene ukamba ni vabupuba’ causing Magistrate Michelo to tell the prosecutor to put him into police cells and the matter was adjourned to the following day.

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He said he got my granddaughter for free

Frank Nyambe

A 54-YEAR-OLD woman narrated before a Local Court in Lusaka that she decided to drag her in-law to court because he did not pay dowry and that he told people that he got her granddaughter for free.

This is in a case in which Helen Zulu of Linda compound sued her son-in-law Philip Mulunga, 29, of Mimosa for payment of dowry of her granddaughter Dorica Zyambo, 22.

Zulu told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court that Mulunga married her granddaughter in 2015 and that they charged him K10, 000 but he did not pay anything. She explained that Mulunga made excuses but she was prompted to drag him to court when he said that he got her granddaughter for free.

In defence, Mulunga said that he did not know Zulu and that he was charged K5000 by the father of Dorica.

But Zulu said that Dorica’s father was present in court.

Dorica’s father Saviour Chunga, 54, testified that he initially charged Mulunga K10, 000 but he negotiated and they agreed K8000.

Passing judgment, Magistrate Michelo said that when charging dowry, they should be writing and keeping documents.

He said that he would follow Dorica’s father but reduce slightly and he ordered Mulunga to pay Zulu K7000 by monthly instalments of K500.

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Contempt of court puts man into community service

A 50-YEAR-OLD man has been ordered by a Local Court in Lusaka to do community service by cleaning the court premises for two days after he was cited for contempt of court.

Before Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court was wonder Jumo of Kanyama Compound who was facing one count of contempt of court contrary to section 47 (1) (g) Chapter 29 of the laws of Zambia.

Particulars of the offence were that male accused of Lusaka district of Lusaka Province of the Republic of Zambia was before the same court on December 19, 2016 case number 3184 for compensation of defamation of character.

The claim was upheld and he was ordered to compensate the complainant K500 by monthly instalments of K250 effective December 30, 2016 but without any lawful authority, the accused did not pay anything, thereby cited for contempt of court.

Jumo was then ordered by the court to do community service by cleaning court premises for two days.