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Daily Nation > Blog > Local court news

Local court news

Daily Nation
Last updated: March 7, 2021 12:53 pm
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Sun, 28 May 2017 10:28:43 +0000

 ‘My wife doesn’t want to hear that I don’t have money’

By FRANK NYAMBE

A LUSAKA businessman has narrated before a Local Court in Lusaka that he was differing with his wife because she doesn’t want to hear that he has no money.

Friday Daka, 28, a businessman of Makeni was testifying in a case in which his wife, Ida Sibajeni, 28, sued him for divorce on allegation that he has not been taking care of her since they got married.

The two got married in 2013 and they have one child. Dowry was paid. Sibajeni told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Mubukwanu Matakala at Kanyama Local Court that they have been differing because since they married Daka has not been taking care of her.

She explained that Daka doesn’t buy her lotion or give her money for her hair, adding that she gets clothes for her child from her relatives.

“Daka is running a business of phone accessories but when I ask for money he says he doesn’t have. We have sat both families to resolve the matter even with the Pastor but he doesn’t change,’’ said Sibajeni.

In defence, Daka said that they were differing with Sibajeni because she did not want to hear that he did not have money.

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He explained that Sibajeni went to her sister and came back the following week.

“I do buy lotion for Sibajeni and give her money to buy clothes for the child. Since she wants to divorce me, I cannot force her to continue in marriage,’’ said Daka.

Passing judgment, Magistrate Michelo said that the court found it difficult to believe that Daka has not bought anything for Sibajeni since 2013 and said that it should be exaggeration.

He said that it showed that love has dried and he granted the couple divorce without compensation but Daka was ordered to be paying child maintenance fee of K400 per month. Property acquired together would be shared equally.

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He denies me conjugal rights by sleeping on a sofa

By FRANK NYAMBE

A 38-YEAR-OLD woman told a Local Court in Lusaka that they don’t make love with her husband who deserted her because he sleeps on the Sofa when he comes home.

This is in a case in which Ruth Mushiwe of Makeni sued her husband, Lemmy Sendo, 43, a businessman for reconciliation on allegation that he deserted her for a year.

The two got married in 1999 and they have two children. Dowry was paid.

Mushiwe told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Mubukwanu Matakala at Kanyama Local Court that Sendo left her on April 2, 2016 and that since then he hasn’t come home.

She explained that she has dragged Sendo to court so that he tells her what he was thinking about their marriage.

In defence, Sendo said that Mushiwe has been telling him that he leaves the house which he built and that it was the reason he went to do his stationary business to Mazabuka.

“I have been coming and communicating with Mushiwe. I only stopped from January 2017 because I have a sick relative. I can come back if Mushiwe stops chasing me from the house which I built,’’ said Sendo. Asked by the court if they make love, Mushiwe said that Sendo denied her conjugal rights when he comes home by sleeping on a sofa.

Passing judgment, Magistrate Michelo said that Sendo deserted the family but that Mushiwe contributed because Sendo said she chased him.

He wondered where Sendo relieved himself sexually and where he also thought Mushiwe relieved herself.

He said that it was a constructive divorce because marriage was companionship, you had to interact.

He ruled a failed reconciliation on the basis that Sendo gave a condition on reconciliation.

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Woman regrets stopping school for marriage

FRIANK NYAMBE

 

A 25-YEAR-OLD woman narrated before a Local Court in Lusaka that she was a virgin when her husband married her and that she was at school, adding that he promised to take her back to school but only to be divorced.

Evelyn Kantonga of John Laing compound was testifying in a case in which her husband, Crispin Ndhlovu, 41, of Makeni villa sued her for divorce.

The two got married in 2007 and they have three children. Dowry was paid.

Ndhlovu told Senior Court Magistrate Mubukwanu Matakala sitting with Magistrate Abbyshine Michelo at Kanyama Local Court that they stayed well for just two years and started fighting, adding that they have been sitting but to no avail.

He explained that Kantonga did not have respect and that when they differed, she attempted to commit suicide.

“After we differed last month, Kantonga pulled my manhood. I left home and went to stay at my father. Last week, she sued me for reconciliation but I refused to reconcile,’’ said Ndhlovu.

In defence, Kantonga said that problems started in September 2016 when Ndhlovu started coming home late and would spend nights out.

She explained that she was shocked to discover that Ndlobvu’s pubic hair was shaved whenever he spent a night out and he would sleep with clothes.

Kantonga added that when she asked Ndhlovu why he was spending nights out, he would tell her that he could do whatever he wanted, adding that if she wanted to make love with him he said he was tired. She said that they have been on separation for three months.

Kantonga said that Ndhlovu has since married another woman.

Asked by the court if he married another woman, Ndhlovu answered in the affirmative.

In submission, Kantonga said that Ndhlovu has destroyed her future because she was a virgin and at school, adding that he promised to take her back to school but only to be divorced.

Passing judgment, Magistrate Matakala said that Ndhlovu married another woman and that they were in court recently for reconciliation which failed.

He said that the marriage has broken down irretrievably and he granted the couple divorce ordering Ndhlovu to compensate Kantonga K3000 by monthly instalments of K500 and to be paying children maintenance fee of K500 per month. Property acquired together would be shared equally.

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‘My wife has no love for me but only interested in my property’

By FRANK NYAMBE

 

A 43-YEAR-OLD man who sued for reconciliation told the Lusaka Local Court that his wife has no love for him but only interested in his property.

Robert Phiri of Garden House compound was testifying in a case in which his wife, Susan Mapili, 33, sued him for reconciliation. The two got married in 2009 and they have three children. Dowry was paid.

Mapili told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Mubukwanu Matakala at Kanyama Local Court that she found Phiri with two wives when marrying and that each wife has a house, adding that they also have a house.

She explained that every time they differed, Phiri got papers for the house and that this month after he never returned them.

Mapili added that on May 5, 2017, Phiri told her that if she did not want to leave the house, he would poison the children so that they parted company.

“When I came from church, he accused me of coming from a boyfriend and he said that was the reason he was not enjoying sex. He threw my belongings outside,’’ said Mapili.

In defence, Phiri admitted that Mapili is the third wife but said that when he married her, he got a loan and built a house.

He explained that Mapili started pestering him that she wanted papers for the house so that she could benefit.

Phiri added that he told Mapili that they go to a small house so that he services the loan but she refused and that he was keeping the papers for the house as collateral. “I am keeping six relatives of Mapili but not any of my relatives. I just do business. I removed her property from the house because she is fond of selling her property and buys again, I become suspicious for she does not work but she is called a Shylock in the community.

“My money misses and I find bank deposit slips in the house with the same amount of missing money,’’ said Phiri.

In submission, Mapili changed and said that she just wanted to divorce Phiri. Phiri said that he has seen that there is no love but Mapili is just interested in his property and that he can’t even eat home for fear of being poisoned.

Passing judgment, Magistrate Michelo noted that it was a troubled marriage and that it was not going anywhere.

He ruled a failed reconciliation on the basis that Mapili who sued for reconciliation changed her mind and said she wanted a divorce.

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