Court News

‘Who brought these condoms?’

A LUSAKA man narrated in Lusaka’s Matero Local Court how he found two used condoms in his matrimonial bedroom after returning home from work.
Nicodemus Banda, 33, of Zingalume Township said when he confronted his wife Charity Tembo, 28, a fight ensued and she accused him of using the condoms with a prostitute.
Banda was narrating before senior local court magistrates Lewis Mumba and Pauline Newa in a case in which he sued Given Munamonga, 30, of Lusaka West for compensation for adultery.
Banda and Tembo have been married for 11 years and have three children together. Bride price was paid. However, Banda said Munamonga and Tembo have been having an affair for a year.
“After I discovered the used condoms, I stopped having sex with my wife because I was convinced she was having an affair. But that decision did seem to bother her at all. My suspicions about the other man came when she told me about a trip to the village to visit her relatives,” he said.
Banda said a few days after Tembo left, he called her parents only to discover that she was not in the village. A search on her whereabouts proved futile until some members of the neighbourhood tipped him on her whereabouts which was at a house in Lusaka West.
“I located the house and found her cooking in the presence of our children that she had carried along. She told me she was a married woman and that I should leave her alone. So I waited for Munamonga but he never showed up. I told Tembo that I will sue Munamonga for adultery,” he said.
He said Munamonga later called seeking to settle the issue out of court.
“I refused. I want him to pay me because he has ruined my marriage and has caused me a lot of misery,” he said.
But Munamonga, who admitted the charge, told the court that he had married Tembo and had even paid her bride price. He said Tembo had told him she was single when he proposed to her.
However, Tembo denied being married to Banda. She said their marriage had ended at the village and all that was left was for Banda to go and collect his bride price.
Tembo also admitted before the court of having sex with Munamonga.
Passing judgment, the court ordered Munamonga to pay Banda K15,000 as compensation for adultery with an initial instalment of K1,000 followed by K600 monthly instalments effective October month-end.

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