Sunday Local Court News

Sun, 26 Mar 2017 10:47:30 +0000

Sister sues brother over house

By FRANK NYAMBE

A WOMAN who dragged her brother to court to reconcile over the choosing of an administrator of their late mother’s house got a rude shock after it was discovered that the house was left in the name of her brother.

This is in a case in which Joyce Mwanza, 48, of Old Kanyama compound sued her brother, Peter Mwanza, 35, a businessman of the same area to reconcile over the choosing of an administrator of their late mother’s property.

Joyce told Senior Court Magistrate Lewis Mumba sitting with Magistrate Abbyshine Michelo at Kanyama Local Court that Peter, her immediate young brother and that their mother, Everia Sakala died in 1997 and left a six-roomed house in Old Kanyama compound.

She explained that there were four siblings but Peter maintained the house and they differed in 2015 when he claimed that it was his.

Joyce said she was surprised because recently Peter put it on sale and that when they wanted to sit with their uncle, he did not show up.

In defence, Peter said that he stopped school in 1991 and started business, adding that when he found money he bought a four roomed house where he was keeping his father and mother because he was a bread winner.

Mwanza produced the letter of sale and said that he bought a house from Esau Kasongo who was present in court.

Joyce was shown the letter of sale of the house where her mother was just a witness and she said she had no question because she was surprised that the house belonged to Peter.

And Kasongo said that he sold the house number J509 to Mwanza in 1994 and that his mother was just a witness.

Joyce again said that she had no question to ask Kasongo because she was surprised at the letter of sale of the house.

In submission, Joyce said she had nothing and Peter said that there was no need of choosing an administrator because he was the owner of the house.

Magistrate Mumba ruled a failed reconciliation for choosing an administrator because there was documentation to show that Peter was the owner of the house.

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Woman loses custody of children

By FRANK NYAMBE

A 30-YEAR-OLD woman who was given custody of two children after divorce but decided to get other four children after they went for a weekend has lost her case after the court noted that she took the law into her own hands.

This is in a case in which Catherine Ngulube of John Laing compound sued her former husband, John Phiri, 37, of Makeni for children custody.

Ngulube told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court that they have six children with Phiri and that after they divorced she was given custody of the two children by the court.

She explained that after the other four children came for a weekend, they refused to be taken by Phiri and ran away when he came to pick them.

Ngulube explained that the children were on medication, adding that Phiri did not care for them and that when she called that she wanted children his new wife insulted her.

In defence, Phiri said that after they divorced with Ngulube in 2015 and was given four children and Phiri was told to be taking the other four to her during holidays.

He explained that after he took the children for a weekend, Ngulube refused to give them back to him although she had no capacity to look after them, adding that he had already paid for their school fees.

Phiri further said that he was in gainful employment and could not fail to keep his children and that when they were married Ngulube locked children in the house and went for beer drinking.

Magistrate Michelo said that children were born from two people and that there was no one who could claim total ownership.

He said that divorce has consequences and that Ngulube took law into her own hands by refusing to give Phiri back children when they came for a weekend.

He dismissed the case and said that the four children would remain with Phiri.

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Hubby deserts dirty wife for a clean girlfriend

By FRANK NYAMBE

A 25-YEAR-OLD man told a Local Court in Lusaka that he cannot continue in marriage with his dirty wife and that is why he has decided to marry his girlfriend who is clean.

Edward Simwanza a businessman of Garden House compound was testifying in a case in which his wife, Margret Simwanza, 24, sued him for reconciliation.

The two got married in 2012 and have two children.

Margaret told Senior Court Magistrate Lewis Mumba sitting with Magistrate Abbyshine Michelo at Kanyama Local Court that she sued Simwanza because he deserted her for a girlfriend by the name of Carol Mumbi and that when they went to Victim Support Unit, he said he wanted to marry Carol.

In defence, Simwanza said that he impregnated Carol in 2008 but her parents said he couldn’t get her before because she was still in school.

He explained that when marrying Margret, he did not tell her that he had a girlfriend but that since 2015, he had been complaining about her being dirty but she has failed to change.

Simwanza further said his wife became like the head of the house. “When I ask her about the business, she would tell me to ask my young brother. On February 14, 2016, I slapped her because I was angered. The girlfriend where I stayed for a month is clean but I love Margaret also,’’ said Simwanza.

Asked by the court if he wanted to have two wives or divorce Margaret, Simwanza, who initially said that he still loved his wife, changed his mind and opted for divorce.

Magistrate Mumba said that Simwanza was supposed to continue teaching Margaret about cleanliness because there were no serious grounds of divorce, adding that soon he would also find fault in Carol.

He ruled a failed reconciliation on the basis that Simwanza refused to reconcile with Margret.

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Man who defecates in his clothes after beer drinking divorced

By FRANK NYAMBE

A 38-YEAR-OLD woman narrated before a Local Court in Lusaka that she wanted to divorce her husband because each time he drinks beer he defecates and urinates in his clothes.

This is in a case in which Sheba Kalenda a businesswoman of Old Kanyama compound sued her husband, Robby Machile, 42, a carpenter for divorce.

However, Machile said that he still loved his wife.

Kalenda told Senior Court Magistrate Abbyshine Michelo sitting with Magistrate Lewis Mumba at Kanyama Local Court that shortly after they married, Machile started complaining that she liked laughing as if she was a prostitute.

She explained that Machile brought his girlfriend home on the pretext that she was his relative.

Kalenda said in 2010, Machile had another girlfriend whom she found her with after a tip off.

She further said that Machile told her (Kalenda’s) mother that she was using his manhood and he later apologised later by giving her money and a chicken.

“Machile started drinking carelessly and we came to court in November 2016 for divorce but I reconciled with him after he promised to stop.

“He has not made love to me for three years. I think God has not given me this man,’’ said Kalenda. In defence, Machile said that he still loved Kalenda and that they would soon be clocking 22 years in marriage.

He explained that there would be no one who will keep the children if they divorced and he promised Kalenda that he would stop drinking beer.

In submission, Kalenda said that she wanted to divorce Machile because he defecates and urinates in his clothes whenever he was drunk and that it was the reason she left the bedroom.

Magistrate Michelo said that it is difficult for someone to stop drinking beer when he was addicted and that the couple was in court last year but Machile never changed.

He granted the couple divorce without compensation but Machile was ordered to be paying child maintenance fee of K500 per month. The house would  remain with Kalenda and the children.