Man regrets selling car at K6,000
Published On February 8, 2014 » 4289 Views» By Davies M.M Chanda » Court News, Latest News
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From the courts LogoBy SARAH TEMBO –

A Thirty-three-YEAR-OLD man of Chaisa Township in Lusaka has sued his friend for harassment when he demanded that they reverse a car transaction after he realised that he sold it at a cheaper price.
Kennedy Chibende told the court that his friend started harassing him after his wife confronted him for selling the car at K6,000 when she allegedly bought it at K16,000.
This is in a case in which Chibende has sued Ronald Simbeye for harassment after he bought a motor vehicle from him.
Facts before the court were that in December 2013 Simbeye sold his car to Chibende at K6,000.
Chibende told the court that Simbeye wanted money to pay for his children’s school fees and he decided to sell his car to him at K6,000 which he paid in cash.
He said after he paid Simbeye K6,000 he willingly surrendered the motor vehicle and the white book.
He said to his surprise just after one week, Simbeye’s wife started calling him and sending him insulting messages claiming that he stole the car from her husband.
“I paid her husband the money he wanted and after paying him he gave me the white book and the car,” he said.
But in his defence, Simbeye told the court that he never sold the car to Chibende but that he only borrowed the money from him to pay school fees for his children.
He said he only got K1,000 from Chibende contrary to the K6,000 that he mentioned.
Simbeye said that he gave Chibende the white book and the car on agreement that he would pay him K16,000, the price at which his wife bought the car.
“I have never seen a car that can cost K6,000. The agreement was that he gives me K16,000 and he made an initial payment of K1,000,” he said.
But when passing judgment, magistrate Petronella Kalyelye dismissed the case and ordered Simbeye to stop harassing Chibende because according to the statements and the evidence presented in court, it was clear that he sold the motor vehicle in question.

Man fined K9,000 for  sleeping with best friend’s wife


A Thirty-six-YEAR-OLD man of Chaminuka in Chongwe District has sued his best friend for adultery after he discovered that he was having an affair with his wife.
The man told the court that for a long time he had suspected his friend, who was also married to his wife’s best friend, of having sex with his wife whenever he was not home.
This is in a case where Isaac Njovu sued Michael Mbewe, 33, of the same area for adultery after he discovered that the latter was committing adultery with his wife.
Facts before the court were that Njovu and Mbewe were workmates but in 2009 Mbewe and Njovu’s wife started having an affair until 2013 when Njovu caught them red-handed.
He told the court that he confronted his friend on the issue and they sat with elders where it was decided that he compensates him with K8,000.
Njovu said Mbewe only paid K1,000 and started insulting him saying he was the one who was supporting his wife and her family.
“He told me that he was the one who was supporting my wife because she was given to him by my mother-in-law whom he said he was also supporting,” he said.
When his wife was asked as to why she was having an unfair with Mbewe, she said that she needed money to pay for her uniform at church.
She said Mbewe had been supporting her financially but she suspected that he had been using black magic to entice her as she never thought she would betray her husband.
“I love my husband and I still want to stay with him. This man was blackmailing me to be having an affair with him,” she said.
In his defence, Mbewe told the court that he started going out with Njovu’s wife because it was his mother-in-law who initiated the relationship.
Mbewe said his mother-in-law used to demand for things from him and in turn offered her daughter, hence the relationship.
“Whenever I go to Lusaka her mother used to call me demanding for all sorts of things, which I always bought for her on condition that I and her daughter continued having an affair,” he said.
Passing judgment, magistrate Patronella Kalyelye ordered Mbewe to compensate Njovu K9,000 for committing adultery with his wife.

I will kill her, Lusaka man tells court


A Thirty-six-YEAR-OLD man of Lusaka West has threatened to kill his former girlfriend if she does not stop insulting him.
Isaac Nkhata told the court that he would kill Rabecca Chongo of Lusaka’s Kaunda Square if she continued disrespecting him.
This is in a matter in which Nkhata has sued Chongo for compensation for insults after the two had an affair in 2007 but broke up in 2008.
He said two weeks after their relationship ended, he received a phone call from Chongo informing him of her pregnancy which he accepted and promised to support.
Nkhata said to his surprise he got a negative response from Chongo each time he asked her to present a budget of everything she needed.
He said when the child was born, he was sued by Chongo for child maintenance and was asked by the court to be giving the child K150 monthly.
Nkhata said each time he received a phone call from Chongo, he would be insulted and told that he was not a responsible father.
He said  because of Chongo’s insults, he decided to stop picking her calls and stopped supporting his child.
Nkhata said when she noticed that he had stopped picking her calls she started calling on a landline and he was once informed by his workmate that a woman called using abusive language saying that his child was involved in an accident and that he should go there.
Nkhata said he took the child to the hospital but avoided talking to Chongo because he could not take her insults.
He said had Chongo continued insulting him, he would be tempted to hurt or even kill her.
In her defence, Chongo refuted ever insulting Nkhata, saying that the only time the two talked was when she needed him to support the child.
She said the two broke up when she discovered that her boyfriend had an affair with another woman whom he had even promised to marry.
Chongo said she only knew of the pregnancy two weeks after they broke up and when she informed Nkhata he accepted but did not support the pregnancy until the child was born and she later sued him for child maintenance.
She said he defaulted giving his child the K150 that he was asked to be giving him monthly and when reminded he got annoyed to an extent of stopping to pick up phone calls.
Chongo’s sister, Folotia, 24, told the court that the two had differences because of the child they had but denied ever hearing them exchanging insults.
When passing judgment, Lusaka Boma local court principal presiding magistrate Marble Mwaba said the two should cooperate for the sake of the child.
She asked Chongo to learn to communicate in a normal way to avoid confusion and ordered Nkhata to be supporting his child without fail.

Woman  drags aunt to court over mum’s estate


A LUSAKA woman (18) of Chalala Township has rejected the appointment of her aunt as an administrator of her mother’s estate because she suspects she will squander the estate.
This is in a matter in which Faith Botha sued her elder brother Andrew and her aunt Elizabeth Banda of the same abode for revocation of order of appointment as administrators.
Faith told the court that she did not accept Banda’s appointment as administrator because she thought he would mismanage her late mother’s property.
She said after her mother’s death in December 2013, the family sat to discuss who was going to be the administrator of the estate and Banda suggested that Faith and Andrew administer their mother’s estate since they were the only children.
Faith said she was surprised when she was told that the family had a meeting and had chosen Banda and Andrew to be administrators in her absence.
She said from the little knowledge she had gained she was confident that she was capable of managing her late mother’s property.
She further said that she was comfortable with her brother becoming the administrator because Banda intended to do something for personal gain.
When asked by local court principal presiding magistrate Marble Mwaba whether Faith was telling the truth or not, Banda said it was true that Faith missed the meeting because she was not around.
Banda said at the time her late sister was sick, she moved in to take care of her because Faith did not care and was not present at the time her mother died.
She said after her sister’s death, she decided to continue living in her house with Andrew and Faith but later noticed that Faith started going home late and when advised she never changed.
Andrew said his sister (Faith) never respected anyone and did whatever she wanted with her friends without recognising Banda’s presence.
Andrew said Faith had been breaking padlocks at home and even jumping over the wall fence each time she found the gate locked at night.
He said she only passed four subjects at grade 12 and when he found her a school place she refused because she wanted to go to an expensive school.
In passing judgment, Magistrate Mwaba said it was clear that Faith was not cooperative and that she was fond of moving out without telling anyone.
Magistrate Mwaba advised her to concentrate on her education and not on things that would destroy her future.
She further advised that the three should re-apply so that they could all be administrators.

‘Counsel children before marriage’


THE Matero local court has called on parents to ensure that they counsel their children before giving them away in marriage to reduce the number of divorces that the court has been dealing with on daily basis.
Magistrate Petronella Kalyelye said it was heart-breaking for the court to always dissolve new marriages just within two years of the couples getting married.
The advice was as a result of a couple that was seeking reconciliation after being in marriage for less than two years.
Magistrate Kalyelye said a lot of young people failed to sustain their marriages because they were not counseled before being married off by their parents or guardians.
She said many couples were divorcing because of simple problems that could easily be resolved with proper counsel.
This is in a matter in which Mirriam Sakala sued Miland Sakala for marriage reconciliation after the two were on separation for six months.
Facts before the court were that the two got married in 2011 and have one child but problems in their marriage started in 2012 when Mirriam refused to prepare water for her husband.
Speaking earlier, Mirriam told the court that her husband was involved in extra marital affairs and he later stopped buying food for the family.
She said when she confronted him, he produced a knife and threatened to kill her if she continued staying with him.
“Since he stopped buying food for the house I decided to go and stay with my parents, and for the past six months my husband has not bothered to follow me. All I hear is that he has married another woman,” she said.
But in defence, Miland told the court that his wife had no respect for him and his relatives.
He said his wife also refused to sleep with him on several occasions, hence he resorted to go out with other women.
But when passing judgment, magistrate Kalyelye counseled the two and advised their parents to give further counseling to them to ensure that they continued to stay together in harmony.
She said the two were just a young couple and who needed guidance from older people.

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