Sunday Court News

Sun, 12 Mar 2017 09:51:01 +0000

Man leaves wife for girlfriend in search of peace

By FRANK NYAMBE

A 52-YEAR-OLD man narrated before a Local Court in Lusaka that he acquired a girlfriend to find peace which he lacked from his wife.

Aaron Njobvu of Chipata Overspill compound was testifying in a case in which his wife Ida Njobvu, 36, sued him for reconciliation on allegation that he abandoned the matrimonial home for a married woman.

The two got married in 2011 and have three children.

Ida told Senior Court Magistrate Pauline Newa sitting with Magistrate Miyanda Banda at Matero Local Court that all was well until 2013 when she became HIV positive.

She said apart from that, Njobvu’s girlfriend persistently told him to divorce her (Ida) while the other woman also promised to divorce her husband so that the two could marry.

She explained that Njobvu brought his relative to be cooking for him fearing that she would poison him.

Ida admitted smashing Njobvu’s vehicle after she learnt that it was in his girlfriend’s name.

“I want to stay with Njobvu because no one can marry me because of my HIV status and he is the only one who can keep our children,’’ said Ida.

In defence, Njobvu said that problems started in 2014 because Ida packed her belongings on three occasions to go and stay with her relatives.

He explained that while Ida collected money from house rentals, she still complained that it was not enough, adding that she did not like his children from his previous marriage.

Njobvu further told the court that Ida evicted one of the tenants who revealed that she was seeing other men.

“I acquired a girlfriend to find peace because Ida is talkative. I could leave the house very early in the morning and just sit somewhere where there is no noise. We have been on separation for two weeks now,’’ said Njobvu.

Magistrate Newa ruled a failed reconciliation on the basis that Njobvu refused to reconcile.

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Bishop sues wife for divorce for spending a night out

By FRANK NYAMBE

A LUSAKA bishop has dragged his wife to court in Lusaka for divorce for allegedly spending a night out.

This is in a case in which Joseph Kanyanta, 63, a Bishop of New Divine Christian Church of Chipata overspill compound has sued his wife, Ida Chewe, 42, for divorce.

The two got married in 2011 and do not have children.

Kanyanta told Senior Court Magistrate Pauline Newa sitting with Magistrate Miyanda Banda at Matero Local Court that he had no peace since he married because Chewe who was getting debts and bringing witchdoctors in the house.

He explained that Chewe did not like his relatives and that they had stayed just the two of them since they got married.

Kanyanta said that he was shocked when sometime in October 2016, Chewe left him in bed at 20.00 hours and only returned following morning only to tell him that they had divorced as she packed her belongings.

He said that Chewe did not explain where she spent her night on that day.

In defence, Chewe said that the problems emanated from a remark by one of Kanyanta’s relative who said she (Chewe) smelt as if she had been making love with someone on her return from seeing Kanyanta’s nephew.

Chewe said that when they sat, Kanyanta accused her of being a prostitute who made love with his nephew.

“Kanyanta embarrassed me in church because he made me stand and told congregants to pray for me that I committed adultery with his nephew and he warned them not to greet me.

“He later said that I will be on suspension for three months. When we went to my grandfather he claimed that I told him that I committed small adultery but I will commit a big one,’’ said Chewe.

Chewe said that she spent a night at the house of another Bishop.

In the turn of events, Chewe produced a marriage certificate from the church and Magistrate Newa said that the Local Court has no jurisdiction and advised the couple to take the matter to the High Court.

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Old couple light up court as they differ on where to stay

By FRANK NYAMBE

THERE was laughter in the Lusaka Local Court when an 84-year-old man refused to go to Luanshya because his house is in Lusaka.

On the other hand his 67 year old wife insisted that they should move to Luanshya at a farm where accommodation was provided by their son.

The argument, however, inadvertently has ended up in court

This is in a case in which Alfonso Kachacha of Kabanana site and service sued his wife, Justina Kakeni, 67, of Luanshya for reconciliation.

However, Kakeni said that she did not want to reconcile with her husband

The two got married in 1966 and have eight children.

Kachacha told Senior Court Magistrate Miyanda Banda sitting with Magistrate Pauline Newa at Matero Local Court that they had been on separation for one year and seven months after their son gave them accommodation in Luanshya at the farm.

Kachacha explained that he could not stay at the farm house because the other son claimed that was his.

He said that he started to differ with Kakeni when she refused to come back to Lusaka where he has a house.

In defence, Kakeni said that she was used to farm life in Luanshya as she could not afford the expensive way of living in Lusaka.

She, however, said that she was willing to go with Kachacha to Luanshya if he so wanted.

Magistrate Banda ruled a failed reconciliation on the basis that Kachacha refused to follow his wife to Luanshya while his wife, was not interested in staying in Lusaka.

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Thief remark lands Chinese national in court

By FRANK NYAMBE

A 36-YEAR-OLD man has dragged a Chinese national to court in Lusaka for defamation of character after he allegedly called him a thief.

This is in a case in which Almond Hamachinga, a driver of Kanyama compound sued his employer, George Maa, 26, a marketing manager for defamation of character.

When the claim was read, Maa denied defaming Hamachinga and said he had no witness. Maa also said he had no witness to call.

Hamachinga told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court that Maa on February 28, sent him to buy spare parts in a company of another Chinese.

They found the spares at K1, 300 but a Chinese negotiated and it came to K1, 100 which they bought and were given a receipt.

Hamachinga further said after he knocked off, Maa phoned him and told him that the other Chinese had told him that he got a K100 where they bought spares and that he should bring it to him.

“Maa said that if I don’t bring K100 tomorrow I should look for a job somewhere else. The following morning when I reported for work Maa told me that the other Chinese saw me getting a K100 from the shop we bought spares,’’ said Hamachinga.

In cross-examination, Maa asked Hamachinga if he had called him a thief and he did not.

He explained that he sent Hamachinga to buy spares with a mechanic who revealed that Hamachinga collected a K100.

Maa said he told Hamachinga to stop work because he was not honest and gave him the money he had worked for.

In submission, Hamachinga said that he wanted compensation because at the company people thought that he was a thief but Maa maintained he never called Hamachinga a thief.

Magistrate Michelo said that among the five elements of defamation, there must be a statement towards a person but Maa asked him if he called him a thief and Hamachinga said no.

He said that in defamation there must be a third person to hear it but Hamachinga said he had no witness.

Mr Michelo dismissed the case because it lacked merit.