G5 pupil’s sex tale shocks court
Published On February 20, 2016 » 7328 Views» By Administrator Times » Court News, Latest News
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From the courts LogoBy THANDIWE MOYO  –

A FIFTEEN-YEAR-OLD Grade Five girl shocked the Matero Local Court when she narrated how her 18-year-old lover occasionally had intercourse with her in the bush and behind their house.
This was a case in which Jack Banda, 40, of Kabanana Township sued Philip Daka of the same location for damages after impregnating his daughter.
Banda said he was not interested in marrying off his daughter but wanted Daka to pay damages as his daughter was still a grade five pupil whose education cycle had been disturbed.
Banda said when he called Daka’s family for discussion over his daughter’s pregnancy, he was insulted and told that his daughter was a ‘sperm chamber’ for engaging in sex at a tender age.
He said he felt insulted because his daughter was too young and that Daka had taken advantage of her age.
“Why did he do this to my daughter surely in the bush, what type of a man is he?” asked Banda amid sobs.
When questioned, the pregnant girl aggressively said Daka took her in the bush and had sex with her three times.
She said he also had sex with her behind the house at night three times and told her he would marry her.
She explained that she wondered why Daka refused to pay damages as he used to have sex with her without protection and promised to marry her.
“This man told me he loved me and told me he enjoyed sex without protection, but I wonder why he chased me when I told him I was pregnant” she said.
In defence, Daka said he only had sex with Banda’s daughter once and that she could not be pregnant.
He said he was not responsible for the pregnancy and that Banda’s daughter had several boyfriends in the locality.
He also said Banda’s daughter was not a virgin when he had intercourse with her and that he did not know that she was 15 years old.
Magistrate Lewis Mumba ordered Daka to pay for damages and later detained him for the Police to charge him with defilement, stating that the issue was not civil but criminal since he slept with a minor.

‘Insane’ hubby divorced


A TWENTY-NINE-YEAR-OLD business woman of Lusaka West has sued her husband addicted to smoking cannabis on grounds that he is insane and threatens to kill her.
Gorret Mwanza sued Raphael Kaunda, 40, of the same area for divorce after the two failed to resolve their marital disputes.
Mwanza testified in the Matero Local Court that her husband smoked cannabis and was a heavy drunkard who spent all his salary on alcohol.
She said her husband’s continued smoking of ‘weed’ had made him insane to an extent that he was taken to Chainama’s mental rehabilitation centre.
Mwanza said her husband broke household goods whenever the couple differed, compelling  the  family to stay without most items, including a television set  for fear that he might break the purchased ones.
“I am tired of this behaviour. For that reason, I cannot stay with this man anymore as our marriage has broken down irretrievably, he might end up killing me one day,” she said.
Mwanza claimed that at one point, Kaunda took her to the bush at night and beat her up while boasting that as a former commando, he would kill her without any hesitation.
“Most of the times, my husband would beat me at night in my sleep. One day I might just die because I only have one life which I need to protect,” she said.
In defence, Kaunda said he was not ready to be divorced since Mwanza was his second wife and denied being a cannabis smoker.
He claimed he was a good husband who forgave her when she committed adultery with their neighbour.
“How many times will I marry? I want to keep my children with Mwanza who is my second wife now after divorcing the first one,” he said.
But the court granted the couple divorce and ordered the duo to share property acquired together while in marriage.

 Negligent  husband  separated


THE Kanyama Local Court has heard how a man usually refuses responsibilities each time he impregnates his wife.
This was a matter where Harriet Mbilika, 48, sued her husband, Pearson Mulowa, 50, of New Lusaka West for divorce for neglecting his responsibilities and deserting her each time she became pregnant.
Mbilika explained to Senior Court Magistrate Daniel Phiri, sitting with Magistrate Ackim Phiri at Kanyama Local Court, that Mulowa was not a caring man and that she had suffered at his hands since they got married.
She narrated that whenever she was pregnant, Mulowa refused responsibility and told off the children that he was not their father, a situation she said was disturbing and confusing to the children.
Mbilika further stated that when she started a business, Mulowa beat her because he suspected that the customers were her boyfriends.
“When I started a business at a tavern, he beat me and told me he was never going to allow me to have my own business.
“I don’t understand, he knows he can’t fend for the family or pay school fees and paying rentals,” she said.
She said she was tired of sleeping in a one-roomed apartment with her six children because the husband could not afford to rent a bigger house.
Mbilika said Mulowa was so jealous that he did not allow her to mingle with her friends, and had stopped her from going to church.
The court separated the couple amid protests by Mulowa who said he loved his wife and children.
He said he would have killed his children if he did not love them.
Mulowa knelt down before Mbilika in court to ask for forgiveness, but Magistrate Phiri ordered him to compensate Mbilika K6,000 with an initial payment of K1,000 followed by monthly installments of K300.
He was also ordered to pay child maintenance fees of K750.

‘She says I’m not man enough in bed’

A LUSAKA man narrated before a local court how his wife complains that he does not satisfy her in bed.
The man said his wife further complained that he did not prolong his sexual acts, which had affected their sexual style because he does not make her reach orgasm.
This was in a case where July Simushi, 40, of Kanyama Township sued Juliet Mulala of Makeni for divorce because he was tired of begging for sex from her.
Facts before the court were that the two got married in 2003 and had two children, but dowry was not paid.
He said he used to get tired from work and managed to have sex with his wife in a short period on some occasions.
Simushi said because of her not being sexually satisfied she resorted to sleeping with clothes on, a situation he said was unbearable.
He said besides begging for sex, his wife would spend money on ‘useless’ items, making it hard for the family to have three proper meals in a day.
“When I give Mulala K1, 000 for ration she says it is little, she demands for K2, 000 but I pay school fees and house rentals separately.
“She has been saying that I am not man enough in public and we differ because she denies me sex,” he said.
Simushi said his wife would only have sex with him when he has money, stating that she would give excuses every day.
In defence, Mulala said that all was well in their marriage until last year when her husband refused to have sex with her because he had a girlfriend.
She said she denied him sex because he did the same when he had a girlfriend and that he would come home shaved on his private parts.
In passing judgment, Magistrate Nyendwa dismissed the claim for divorce because it was not a legal marriage as dowry was not paid.
She told Mulala to instead sue Simushi for child maintenance if she was not happy with the verdict.

Man fined for having sex with best friend’s wife

A  LUSAKA man has dragged his best friend to court for having sex with his wife on several occasions.
Wallance Soko, 37, of Lusaka’s Kabanana area testified in the Matero Local Court how his best friend, Panganani Tembo used to have sex with his wife and on this particular night, he spent the whole night with his wife in his one-roomed house within their area.
This was a case in which Soko sued Tembo for adultery after he found his wife with Tembo around 04:00 hours near his (Tembo)’s home following a tip on February 3, 2016.
Soko told the court that Tembo knew his wife well as he used to visit his home and sometimes ate food prepared by his wife, but still went ahead to have sex with her.
“Tembo knew that this woman is my wife; he was my best friend and he came to my house on several occasions, even ate nshima prepared by my wife.
“He has no excuse of not knowing her, I want him to pay me for committing adultery with my wife,” he said.
He explained that he used to hear rumours from his friends that Tembo was flirting with his wife but because he had no proof, he decided to keep quiet over the matter.
He said after confronting his wife for coming back home late, she went to spend the night at Tembo’s house.
When brought in as a co-witness, Soko’s wife Yandika Mvula admitted having sex with Tembo and said he was her boyfriend.
Soko’s wife testified that she had sex with Tembo on several occasions, especially in lodges whenever her husband went out on duty.
She said during the night she spent with Tembo he manage to have sex with her on a sofa.
In defence, Tembo said he was not aware that Mvula was a married woman as she used to frequent bars.
Tembo said Mvula spent the night with him but that he did not have intercourse with her because she was “not my type”.
“I didn’t know that this woman was my best friend’s wife. Moreover, I did not even touch her when she came to my house; she slept on a sofa while I slept on the bed,” he said.
In passing judgment, Magistrate Lewis Mumba, sitting with Pauline Newa, asked Tembo to pay Soko K15, 000 and advised the couple to go for counselling.

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