A 28-YEAR-OLD man of Chipata is in shock after his wife told him that the firstborn child was fathered by a neighbour, Harrison Banda.
This is in a matter in which Christopher Mukela, 28, of Kagunda Township, sued his neighbour Banda, 27, for adultery.
Mukela told Local Court Senior Magistrate Leonard Nkhanta who was sitting with Tyson Mumba that his wife had repeatedly told him he was not the father of the firstborn son.
“My wife has been telling me that one of the kids is not mine and I should stop showing love to that child,” Mukela told the court.
He said he decided to confide in family members who later called for a meeting were Mukela’s wife denied the allegations.
Mukela said he was convinced of his wife’s claims when he met Banda’s wife who disclosed that she suspected her husband could be having an affair with Mukela’s wife.
Banda’s wife also told Mukela that his wife had openly told her (Banda’s wife) that she will make a lot of babies with her husband to add to the one they already have.
An angry Mukela told the court that after talking to Banda’s wife, he concluded his wife was cheating on him.
And when called as a witness in court, Banda’s wife who testified against her husband told the court that she suspected her husband and Mukela’s wife were having an affair.
She told the court that despite her suspicions, she did not have evidence. She said at one time Mukela’s wife bragged that the defendant liked her.
In his defence, Banda denied the allegations and asked Mukela to produce evidence that he was the father of the said child.
In passing judgment, the court dismissed the claims against Banda for lack of evidence from both Mukela and his witness.
Denkete
December 7, 2015 at 11:37 am
Poor judgement!!!!! The court could have asked them to conduct DNA test.
Judge Joe Bidden
December 7, 2015 at 11:55 am
I couldnt agree more, you wonder where they got their law degrees from, anyway its something common in Zambia, lots of so called lawyers can be disappointing… even Bashi Twapwisha. Just a simple go back do the DNA and come back could do.
kakolwe
December 7, 2015 at 4:49 pm
@JJB, aba niba ‘mafumu’. Not even up to the level of family courts. They rule based on ‘common law’ or based on common’moral laws’. They have no judicial qualification at all.
Wish we could revist their establishment and introduce small courts like family courts in Zambia.
kakolwe
December 7, 2015 at 4:51 pm
@JJB, aba niba ‘mafumu’. Not even up to the level of family courts. They rule based on ‘common law’ or based on common’moral laws’. They have no judicial qualification at all.
If we could revist their establishment and introduce small courts like family courts in Zambia.
kabaso
December 7, 2015 at 3:22 pm
Ka DNA test kalikwatako umutengo – but is a sure way of knowing.
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Shaka Zulu
December 7, 2015 at 1:48 pm
@JJB I understand local court justices are not lawyers but retired civil servants such as teachers. No wonder the funny judgements at times.
kwindi koswe
December 7, 2015 at 1:59 pm
This wife knows the truth how can she continue to tell you that and you agree!your neighbour is not a good man at all. Its not even rumours but she openly told him!aaah ine bakamba kwipaila abalya!
Mundetelele
December 7, 2015 at 2:05 pm
True, local court justices are not lawyers but retired civil servants. The local court is run on common law basis. They cannot even interpret the DNA. They’re leaving it to the agrieved to appeal to the magistrate court which delve into law.
Most likely, this was a house wife’s quarrel careless talk.
CoolCat
December 7, 2015 at 2:22 pm
Just do a DNA test.
Big mama
December 7, 2015 at 3:13 pm
It is up to Mr Mukela to conduct the DNA test and determine the parentage of the child in question. It is not the job of the judge to do so. The judge will give judgement based on the evidence presented to him. No evidence, no case
IF NOT
December 7, 2015 at 4:19 pm
poor judgment, there is no smoke without fire, besides its a woman who knows the real father to a child.
Coolex
December 7, 2015 at 5:05 pm
The wife is useless,jst let her go.
Sea Breezy
December 7, 2015 at 6:23 pm
The court should atleast introduce paternity test in the court room.This could help even poor zambians in this kind of scenario.I overlook this kind of judgement,had they said,”Go nd take a DNA test,it cud ve bn better”.
John Chinena
December 7, 2015 at 6:24 pm
The judgement is cooL. What if the two are lying to hide to hide their own infidelity? Courts need evidence not mere suspicions.
Alloy
December 7, 2015 at 7:29 pm
The court has not sorted out the problem. The fighting will not end. A DNA test should have been requested. Poor Judgement
Mambwe
December 7, 2015 at 7:35 pm
Just do a DNA test
mwine mushi
December 8, 2015 at 12:25 pm
This marriage ii not be successful.I can’t imagine one’s wife being WANGLED by another man.so Evil,very evil.