Local Court News

Sun, 25 Dec 2016 10:55:13 +0000

Husband denies wife conjugal rights for having bad behavior

BY FRANK NYAMBE

 THERE was laughter in Lusaka Local Court when a man said that he was waiting for his wife to change her behaviour before he could not make love to her after he discovered love letter from her boyfriend.

Gift Ndibale, 45, a taxi driver of Garden House compound was testifying in a case in which his wife, Wakunguma Namakando, 37, a Security Guard sued him for divorce on allegation that he left the matrimonial home in December last year. The two got married in 1998 and have three children.

Namakando told Senior Court Magistrate Esther Mulomba sitting with Magistrates Lewis Mumba and Abbyshine Michelo at Kanyama Local Court that all was well until 2009 when Ndibale became a taxi driver because he stopped looking at her as his woman.

She explained that Ndibale was changing women like clothes and repeatedly deserted her.

She was shocked two years ago when Ndibale came home with a wife of his best friend who was pregnant and it was the only time he bought nice food.

Namakando further said that she thought the woman was still married to Ndibale’s friend and when he came to pick her, he explained they divorced a long time ago and they were just going to court to give her compensation.

“I later discovered that the pregnancy was for Ndibale and he was even sued for adultery,” said Namakando.

She said Ndibale has since married the same woman.

In defence, Ndibale said that he caught Namakando with a love letter from her boyfriend, Lloyd and that she tore it to destroy evidence.

He explained that Namakando was too talkative and that she even hit him with a pot when they were trying to resolve the matter with relatives.

Ndibale admitted bringing his friend’s wife home but said she was not his girlfriend.

When asked by Namakando about the last time they made love, Ndibale said that he was waiting for Namakando to change for better because he has doubts about her after he found her with love letters from her boyfriend.

Magistrate Mulomba said that there were problems because Ndibale left home last year in December and got married.

She granted the couple divorce ordering Ndibale to compensate Namakando with K8000 with initial payment of K500 followed by monthly instalments K250 and to be paying child maintenance fee of K400 per month. Property acquired together would be shared equally.

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Courts tells man to stop comparing his wife to a dog

By FRANK NYAMBE

 A LOCAL Court in Lusaka has told a man to stop comparing his wife to a dog for allegedly not appreciating what he does for her.

The man grew into a habit of telling off his wife that she was not appreciative because even dogs appreciated what their masters did for them by shaking their tails.

Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court made the ruling in a case in which Gladys Wepelikambo, 32, of Kanyama compound sued her husband, Sisi Masinda, 34, a Security Guard for divorce but later changed that she wanted reconciliation, stating that she was angered.

Masinda too said that he still loved his wife.

The two got married in 2012 and have one child.

Wepelikambo told the court that when marrying Masinda, he found her with two children from her previous marriage and that Masinda also had five from his first marriage.

She explained that Masinda complained of her 15-year-old daughter who came home for holidays and took long to dress up using their matrimonial bedroom.

Wepelikambo further told the court that when their child fell sick, she used money from her business but that her husband became suspicious and said her tribe was full of prostitutes.

In defence, Masinda said that he advised Wepelikambo not to allow her 15-year-old daughter to enter the bedroom and further differed because instead of going to the clinic, she went to a drug store for the child’s injections.

Magistrate Michelo advised the couple to choose what to say when they were angry and that Masinda should not compare Wepelikambo to a dog.

He reconciled the couple since they were both willing to do so.

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Man tells wife to call suspected boyfriend at awkward hour

By FRANK NYAMBE

 A LOCAL Court in Lusaka heard how a man told his wife to call a suspected boyfriend’s number at an awkward hour to ascertain if they were in a sexual relationship.

This was heard in a case in which Fred Simukoko, 37, of Kanyama compound sued Clever Hayundu, 37, a businessman of Matero compound on allegation that he was committing adultery with his wife, Mary Silungwe, 32.

However, Hayundu denied the charge and said that he was just doing business together with Silungwe.

Simukoko told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court that he married Silungwe in 2008 and that they have two children.

He explained that a certain man recorded what Hayundu and his wife, Silungwe, were saying and that when he called Hayundu he said he was busy but the last time he tried to speak to him he instead got insults.

In defence, Hayundu said they exchanged phone numbers with Silungwe in October 2016 after he took charcoal to the market where she does business so that they could be communicating.

He explained that he was surprised recently when Silungwe called him at 22.00 hours and said she was hungry and that Simukoko grabbed the phone but Hayundu allegedly demanded that he should give back the phone to his wife.

Silungwe testified that they exchanged numbers with Hayundu because he left charcoal and wanted to know if she had sold it for him.

She testified that Simukoko found the conversation in her memory card and accused her of having a boyfriend.

Silungwe testified that recently Simukoko told her to call Hayundu at 22:00 hours to tell him that she was hungry and the man asked her what type of hunger she had.

Silungwe said that there was no sexual relationship with Hayundu except when he asked if she had put someone in her thighs.

Magistrate Michelo said that Silungwe and Hayundu knew each other merely for business at the market.

He said that in adultery there should be sexual intercourse with good evidence such as catching the culprits red handed or circumstantial evidence when the two were seen coming out of the lodge together. He dismissed the case.

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Wife who enjoyed beating her husband divorced

By FRANK NYAMBE

A MAN caused laughter in Lusaka Local Court when he said that his wife beats him and that he fears to hit back because he could land in jail.

This is in a case in which Carlos Chileshe, 44, of John Laing compound sued his wife, Joyce Banda, 36, for divorce.

The two got married in 1996 and have four children.

Chileshe told Senior Court Magistrate Lewis Mumba sitting with Magistrates Abbyshine Michelo and Esther Mulomba at Kanyama Local Court that problems started in 2010 because Banda started complaining that he did not give her enough money.

He explained that Banda beat her quite often and that he feared to retaliate because he could end up in prison.

Chileshe said his wife had a bad habit of borrowing money without his consent and that when she bought food she hid it.

Chileshe further said that Banda told him that his friends made deals at work and that he would die poor for being honest.

“I also fear for my life because Banda told me that she will poison me and she doesn’t want to change her behaviour,” said Chileshe.

In defence, Banda said that they differed over children because when she tried to discipline them, he got annoyed.

She explained that Chileshe was controlled too much by his friend to an extent that he even stopped going to church.

Banda further said that she did not want to divorce Chileshe because she suffered with him when he was hospitalised but now he had started work and found another woman.

Magistrate Mumba said that there were serious accusations and that Chileshe wanted divorce and the court could not force him to continue in marriage.

He granted the couple divorce ordering Chileshe to compensate Banda with K6000 with initial payment of K500 followed by monthly instalments of K300 and to be paying child maintenance fee of K500 per month. Property acquired together would be shared equally.