‘My wife made me impotent’
Published On December 28, 2013 » 6160 Views» By Hildah Lumba » Court News, Latest News
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A 33-YEAR-OLD man of Lusaka’s Lilanda Township has accused his wife of making him impotent whenever he wants to make love to other women.

The man told the court that had no erection whenever he was in bed with other women, unless he went back to his wife.

This is in a case where Peter Selemans sued Amina Phiri, 25, for divorce after he accused her of having tempered with his manhood.

Facts before the court were that the two got married in 2005 and have three children but problems in their marriage started in 2006 after they had their first born child.

Selemans told the court that his wife never respected him and accused him of failing to satisfy her in bed.

He said that his wife on several occasions denied him sex, which forced him to go after other women but to his surprise, he could not manage to have sex with other women.

Selemans said he feared for the worst if he continued to stay with his wife because whenever the two argued, she used to pull his manhood in an attempt to kill him and in defence he resorted to beating her.

“My wife has told me on several occasions that she has been with me not because she loves me but because she has children with me,” he said.

But in her defence, Phiri told the court that the two used to quarrel because her husband was having affairs with other women.

She said when she returned from her mother-in-law after delivering their first child, she found that her husband had brought another woman in their matrimonial home.

Phiri said she forgave her husband but during her third pregnancy, her husband again impregnated two other women, one of whom he took to his mother’s place and rented a house for the other.

“My husband lied to me that he had gone to Mkushi to visit his mother when in fact he was staying with a woman who later called me to let me know that my husband was staying with her. And 30 minutes later he himself called asking me to leave his house as he was married to another woman,” Phiri said.

Magistrate Sharone Sichone granted the two divorce and ordered Selemans to pay his wife K4,000 as compensation, to be paid in installments of K300 per month.

The custody of the two children was given to the Phiri and Selemans was ordered to be maintaining them at a cost of K300 per month.

Prophet found guilty of rape


THE Kabwe magistrat’s court has found a local prophet who is alleged to have raped a housewife while conducting healing prayers guilty and committed him to the High Court for sentencing.

This is in a case where the prophet, Anthony Musoka, was facing one count of rape. During the trial, the State called six witnesses, among them, a housewife who narrated how the prophet allegedly raped her while praying for her.

The woman told Lusaka-based resident magistrate Jennifer Bwalya, sitting in Kabwe that on March 14, this year, she travelled to Kasavasa to see the prophet who was in the company of another person for prayers.

She told the court that two prophets went to Kasavasa where they camped for a week and it was during that time that a friend informed her about the personal prayers.

She said she wanted personal prayers because she was experiencing prolonged menses and that when she arrived in Kasavasa, she found a lot of people waiting to be attended to.

She said Musoka told her that for her problem to end, she needed to bring with her clothes, a chicken, body lotion, K10 and a 2.5 litre empty container. Musoka also asked her to cut off the middle toe of the chicken and put the dripping blood in the container.

She told the court that the prophet told her to mix chicken blood and water and go to a maize field where the purported prayers were to be conducted.

When they got to the field, he made her to kneel, while holding the chicken. Bwalya said the prophet later poured the blooded water on her and started praying for her.

To her surprise, Musoka pinned her to the ground and raped her and she later narrated the ordeal to her husband and the matter was reported to the police.

Another witness, Felistus Ngamba testified that she recalled two prophets going to their area to conduct prayers and was shocked to learn that one of them had raped a woman.

Arresting officer Clement Chishimba testified how he arrested and charged the prophet after receiving a docket, saying that in a warn and caution statement, the accused denied the charge.

At the closure of the trial, magistrate Bwalya found the accused with a case to answer and said a prima facie case had been established against him and put him on his defence.

But in his defence, the now convict denied raping the woman, claiming that he did not know why he was being accused.

In her ruling, magistrate Bwalya said the State had proved the case beyond doubt and convicted and committed Musoka to the High Court for sentencing.

She said she was sending Musoka to the High Court for sentencing because the offence he was convicted of could only be passed by the High Court.

Businessman given 48hrs to hand over car documents


THE Matero local court has given a 35-year-old business executive a 48-hour ultimatum in which to hand over motor vehicle documents to his client.

This is in a case in which Cloud Banda of Lusaka’s Matero Township sued Jonathan Chembo of Libala after he refused to hand over his car documents claiming that he was owed K1,300.

The court heard that Banda contracted Chembo to facilitate the purchase and shipping of a motor vehicle from Japan at a cost of K27,555.

Banda said he told Chembo to start the process after he paid him the total amount in cash but after the car arrived at Nakonde border, Chembo demanded extra cash which was not appearing on the estimated initial budget.

“I was only supposed to pay K27,555 but I ended up paying K32,000 and as if that was not enough when the car arrived in Lusaka he only gave me the car and held on to the papers, saying I had a balance which I needed to clear before he could give me my papers,” he said.

Banda told the court that Chembo demanded that he should pay him K1,300 as facilitation fee which was not agreed to at the beginning of their contract. He said though the facilitation fee was appearing on the estimated budget, there was no amount indicated.

In his defence, Chembo told the court that he did not put the facilitation fee on the estimated budget because the cost was only determined when the car arrived in Zambia.

He told the court that he had been holding on to Banda’s papers because he had refused to pay him his facilitation fee saying that he was not aware of such costs.

But when passing judgment magistrate Sharone Sichone ordered Chembo to give Banda his papers because as a professional business person he was supposed to tabulate the costs before starting the process.

The court said it was a crime for Chembo to hold on to the papers which did not belong to him and claim money which was not appearing on the estimated budget.

Magistrate Sichone said asking for fees at the end of the transaction was like exploiting his clients because at the end whatever price he mentioned he would be paid.

Court dissolves rocky marriage


A 27-YEAR-OLD woman of Lusaka’s George Township has sued her husband for divorce after she found him having sex with other women on three occasions.

The woman told the court that her husband was also in the habit of deserting home whenever he got his monthly salary, leaving the family with no food to eat.

This is in a case in which Evelyn Banda sued Cosmo Iyolomona, 26, of Lusaka’s Zingalume Township for divorce after the two failed to resolve their marital differences.

Facts before the court were that the two got married in 2003 and have three children but problems in their marriage started shortly after they got married.

Banda told the court that shortly after her husband got a job, he started spending nights out and sometimes this went on for months.

She said though her husband was working, he never supported the family, hence she was the one who was fending for the family by selling groundnuts and popcorns.

Banda said in 2010 her husband deserted home, a situation which forced her to leave the matrimonial home to go and stay elsewhere with her children.

“After I left the house, I decided to go and check on the house. But every time I went there I found my husband having sex with other women on three occasions,” she said.

Banda told the court that her husband was also fond of insulting her and beating her for no apparent reason such that at one time he was arrested for assault.

But in his defence, Iyolomona told the court that he used to beat his wife because she was going out with other men.

Iyolomona said his wife started working as a maid for a man who was single without telling him.

“How can a married woman be a maid to a bachelor!” Iyolomona wondered.

“I tried to talk to my wife but she refused to quit until I threatened the man that I would sue him if he continued staying with my wife and he later fired her,” he said.

Magistrate Sharone Sichone granted the two divorce but said none of them would compensate the other because both were involved in extra-marital affairs.

The custody of the children was given to the woman and Iyolomona was ordered to be maintaining them with K500 each month.

Woman on murder rap


A 28 -YEAR-OLD Lusaka business woman accused of being involved in the shooting of four passengers in a highway hijack has been committed to the High Court for trial.

This is in a case in which Mapalo Tayan Manda of Chalala area in Lusaka is charged with four counts of murder, three counts of aggravated robbery and one count of attempted murder.

It is alleged that on November 22, 2012, whilst acting with other four persons armed with an AK47 rifle and three pistols, Manda did rob Enock Chabala of one truck registration number ALF 2406 valued at K135,000, while in count two she is allegedly to have attempted to have murdered Chabala while acting with other persons.

In count five to eight on the stated date, the accused while acting with other unknown persons is allegedly to have murdered Martin Mwaba, Kalebu Simuyemba, Gideon Sichamba and Rodgers Mubanga.

Kabwe Magistrate  Tamwaninge M’hango committed the accused to the High Court for trial after receiving instructions from the Director of Public Prosecutions (DPP).

Four passengers were shot dead by highway bandits armed with AK47 assault rifles after hijacking a truck in which the five were travelling in between Kabwe and Kapiri Mposhi.

The five men were travelling from Lusaka to Kasama on a truck, when they were waylaid before a Police and Immigration checkpoint at Manyumbi area. They then commandered it to a nearby bush where the gunmen killed four passengers wounding another.

Three weeks ago Kabwe Magistrate Court ordered preliminary inquiry in the case to establish if there was enough evidence to commit the accused to High Court for trial.

The court order follows the lawyer representing the accused,  Mulilo Kabesha from Kabesha and Company who complained when the case came up before Kabwe Magistrate Smart Mweene over delays to commit the accused to the High Court and applied for a preliminary of inquiry be established.

The accused first appeared in court for the reading of charges on June 14, 2013.

But State prosecutors said that the case had not been committed because it was still waiting instructions from the  DPP.

In his ruling, the magistrate ordered that an inquiry be set to establish if there was enough evidence to commit the accused to the High Court since the offences the accused  was charged with could not be tried by  his court.

Man told to pay K7,000 in pregnancy case


A FULLY-PACKED Matero local court watched helplessly as a 16-year-old girl struggled to explain that the 21-year-old man who denied her pregnancy was in fact the one responsible.

This is in a case where Lucy Mwansa, 43, of Lusaka’s Gorge Township sued Callings Chimbo of the same area after he refused to pay damage after impregnating her daughter.

Facts before the court were that in June this year, her daughter became pregnant and said that Chimbo was responsible. But he dismissed this, saying he never new the girl.

Mwansa told the court that when she confronted Chimbo about the pregnancy, he refused saying that he had never met the girl before, hence it was impossible for him to have slept with her.

“This boy you see standing there said to my face that he never knew my daughter, hence he was not the one who was responsible for her pregnancy,” she said.

But the daughter who even described Chimbo’s underwear which he was wearing on the day they had sex, told the court that she last had her monthly period in May before sleeping with Chimbo in June 2013.

The girl said in June, she told him that she had missed her period but he told her to wait and not to tell her mother.

“I never told my mother about the pregnancy. Instead I told Chimbo’s sister who advised me to abort. At first I was scared but she latter convinced me and I accepted,” she said.

She told the court that Chimbo’s sister delayed to give her the medicine to abort and the pregnancy started showing.

She said it became impossible to hide the pregnacy from her mother and was forced to tell her the truth.

But Chimbo insisted that he had never met the girl but failed to categorically deny responsibility of the pregnancy.

Initially, Chimbo told the court that he never knew the girl but later changed, saying he knew her because she was his sister’s friend who he saw at home but that nothing happened between them.

“I never had sex with this girl because I don’t know her,” Chimbo said. “Okay, this girl I knew her as my sister’s friend and she came one day to visit me and I asked as a concerned friend if she was pregnant but she told me that she was not.”

Passing judgment, magistrate Sharon Sichone said just from the way Chimbo was giving his statement, it was evident that what he said in court was not the truth but a cooked-up story.

Magistrate Sichone ordered Chimbo to pay K7,000 for damages and advised the girl to sue so that the man could start taking care of the girl during her pregnancy.

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