Sun, 18 Feb 2018 12:36:29 +0000
By FRANK NYAMBE
A MAN who wedded a married woman who was on separation with her husband, has been sued for adultery in a Lusaka Local Court.
In this case, Lemisa Chilala, 42, of Kanyama compound sued Nelson Banda, 39, of the same compound for committing adultery with his wife, Beauty Miaba, 32.
When the claim was read, Banda admitted, saying he married Miaba two months ago.
Chilala told Senior Court Magistrates Abbyshine Michelo and Esther Mulomba at Kanyama Local Court that he married Miaba in 1998 and that they have two children adding that he paid part of the dowry.
He explained that in October last year, he told Miaba to go to his mother’s village in Chikankata because he was not doing well financially but that she refused and opted to go to her mother’s village in Kapiri.
Chilala explained that Miaba did however not go to her mother’s village but went to live in John Laing.
Chilala further said that he went to his mother’s village in Chikankata but while in the village people phoned him and informed him that Miaba was married. “I came to Lusaka and the person who phoned me showed me where Miaba stays. That was how I found her staying with Banda,” said Chilala.
In defence, Banda said that he found Miaba in December last year and that she told him she was not married adding that she was staying with her friends.
He explained that Miaba took him to her sister who confirmed that she was not married and that that’s how he engaged her. But as they were preparing to go and pay dowry in Kapiri, Chilala showed up.
Miaba testified that she and Chilala, a truck driver, had differences because wherever he went to work, he married and which to her meant he was chasing her.
She testified that a year ago Chilala got his belongings and went to the village prompting her to start staying with friends.
She testified that instead of going to bars for prostitution, she found Banda and told him she was not married adding that it was how they stayed together but Banda did not pay dowry.
Passing judgment, the court said that there were two elements in marriage, citing payment of dowry and consent by parents.
The court said Chilala had paid dowry and therefore was still Miaba’s husband.
The court further explained that the couple had not divorce in court and that if they had divorced in the village, parents from both families would have been present.
The court said that since Banda was deceived about Miaba’s marital status, the court would reduce the fine but that ignorance was no defence.
The court ordered Banda to compensate Chilala K3000, to be paid in monthly instalments of K500.
