MUTINTA HADUNKA, Ndola
THE Chifubu local court has ordered James Phiri of Kawama township in Ndola to pay K15,000 as compensation to the man who found him with his wife in his bedroom.
Phiri shocked Chifubu local court when he admitted to having been found in the house of Rabson Mwale in a compromising posture with Mwale’s wife.
Phiri, who was on his defence in a case of adultery in which Mwale sued him for compensation for allegedly sleeping with his wife, denied having committed adultery.
Mwale told the court he got back home from work on May 8 when he saw his wife with another man through his bedroom window, which was open, and when he got inside the house, he was welcomed by his naked wife Prisca Lubinda.
“When I entered the house, my wife failed to dress up and left her underwear on the floor and ran into the sitting room. When I got to the bedroom and checked under the bed, I found the defendant lying there”, Mwale narrated.
Mwale said out of the pain and anger he felt he assaulted the defendant and later took him to Chifubu Police Station.
In his testimony, Phiri denied being found in the matrimonial bedroom of the plaintiff but insisted that he was by the entrance to the house when the plaintiff got home and dragged him into the house, where he was assaulted before being locked up in the complainant’s matrimonial bedroom.
“On May 8, 2017, when I went to collect money for the disinfectants I had supplied to Mwale’s wife, I knocked at the door and the plaintiff appeared and told me he had caught me. He said he had been waiting for this moment and he then dragged me inside the house and started beating me up,” Phiri said.
Phiri added that after being assaulted by Mwale, he was locked up in the bedroom and told to stay there while the plaintiff informed his in-law that he had caught him (Phiri) committing adultery with his wife, the same story he told the police officers.
Senior local magistrates Besa Kalwa Mushimbwe and Celestine Chishimba in passing judgment, upheld Mwale’s testimony and ordered Phiri to pay K15,000 by K1,000 as first payment and K500 monthly with effect from this month-end.