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Ndola Father Denies Child Despite Resemblance
By NANCY SIAME
A Ndola man caused laughter in court when he insisted that he is not the father of his lover’s child despite the baby being shown to the court with features that resembled him.
Benson Phiri, 22, told principal presiding magistrate Sara Bwalya, sitting with senior local court magistrate Kaala Nyambe and Dismas Katambi that he could not be the father of 20-year-old Miriam Kalunga’s child because he has never slept with her.
Kalunga’s mother Dainess Kalunga sued Phiri for damage and was demanding compensation.
Phiri told the court that he cannot take responsibility for the baby and also pay for damage because it is not his.
“I knew her when I was working for her parents and she was my girlfriend but we never had sex,” Phiri said.
He told the court that he had intentions of making Kalunga his wife, but he did not like her behaviour and decided to end the relationship.
But when Kalunga was asked by the court if she had ever had sex with Phiri, she agreed and said they had sex twice.
“Your Honour, Phiri and I were lovers and we had sex twice before I got pregnant with my three-month old baby,” Kalunga said.
But Phiri insisted that the child was not his dispite Kalunga showing the baby to the court, which has similar features as that of Phiri.
Phiri’s persistent refusal of the child angered the court who asked him to produce a K3,000 so that the two could go for DNA test to ascertain the paternity of the child.
Magistrate Bwalya warned Phiri that if the child is found to be his, the court will severely punish the defendant.
Phiri said he is not in a position to raise that kind of money and the court ordered he be fined for damage.
Magistrate Bwalya ordered Phiri to pay K5,000 with K1,000 as a first installment and thereafter K300 until he finishes paying.
“But you can still go for a DNA test and if you find that the child is not yours, the money will be given back to you,” Magistrate Bwalya said.
She also ordered Phiri to be supporting the child financially.
Posted by Editor
on December 22, 2013. Filed under LATEST NEWS.
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Me
December 22, 2013 at 8:15 am
Umulumendo ayuma pawakosa……
Wanu Ngwee
December 22, 2013 at 10:51 pm
Guilty till proven innocent – How can a court get ANGRY at anyone’s refusal in the absence of DNA results? Are ALL people that resemble each other related in this world? Primitive justice system!
mundiaM
December 23, 2013 at 12:06 pm
Wanu Ngwee, the chap has been given option to go for a DNA test. The defendant in a civil case like this one needs to raise reasonable doubt. After all, this is a case of the woman’s word against his. I am sure this girl’s pregnancy is not an immaculate conception and Phiri is simply denying to save his current relationship. Wakwe uyu umwana. I have heard of a grown man who has refused to recognise his half sibblings because his father denied him as a baby. After he became a teenager and in college the father realised his folly, but the young man had resolved that he is not worth of him. This gentleman though worships with some of his half sibblings, he insists on refering to them only as brothers in Christ and not relatives. Learn to recognise your own mistakes and take responsibility as these are your own flesh & blood! Ifi baume fimo awe mwee!
the aka.
December 22, 2013 at 12:06 pm
impupu pakuboko…?
mmc
December 22, 2013 at 1:09 pm
mhnmm guys y rfzng while u enjoyd touchng her parts. dnt do thngs wen u knw dat u wl nt responsible. let him b given the lady cos he has peruzd the website already. two pages isuma ukuibelenga, nomba ngamwafuma umwana ha kuisundawila
Air Mukwai_
December 22, 2013 at 1:14 pm
Even if one uses a condom, he is responsible of pregnancy or child in Zambian courts. DNA is also manipulated to avoid street kids. At least a child will have someone to call dad.
bufufwa
December 22, 2013 at 2:20 pm
l feel so bad to you guys who deny your biological kids, when for sure you know that you did that. lesa will punish you.
Kaesha
December 22, 2013 at 6:17 pm
Kusuminafye.Ala umwana musuma.
Malawian Kasai
December 22, 2013 at 6:23 pm
Resemblance is not enough. What if she was doublecrossing me with a guy that resembles me? Thats why we educated ones rely on DNA
Mwaka
December 22, 2013 at 9:49 pm
agreed
mundiaM
December 23, 2013 at 12:11 pm
Malawian Kasai, I agree with you, but obviously this guy is a crook, because there is no way this young woman would name him when they never had sex. He is simply a coward and the girls mother should do the DNA and sue him for scandaling the girl and causing trauma to the girl for refusing to recognise his responsibility.
Tumelo
December 22, 2013 at 8:37 pm
That is a resuit of SEX either u fal sick or impregnant. Just hve to take the dutis of been a FATHER.
one love
December 22, 2013 at 10:33 pm
No sex before . . . . . . .
Martin Lufunda
December 23, 2013 at 6:47 am
A DNA test can help in this case
chile1
December 23, 2013 at 7:15 am
Mmmm wat kind of a magistrate tells da respondent dat he is goin 2 deal wit him severely?whez da impartiality? So wat happenz wen sumbdy dat looks lyk me fcks sum1 and dat sum1 claims am responsible?wud da child b mine or will da margistrate get angry and promise to deal wit me?
mundiaM
December 23, 2013 at 12:19 pm
Chile1, giving false information to an officer of the court is an offence which can land you in jail.perjury is not a joke my man. Therefore if “A Phiri” was just being crooked once DNA proves he is the father, he could serve a prison sentence.
Adopt a dog
December 23, 2013 at 1:02 pm
This ruling is very funny. How do you convict someone on conditions? If he gets DNA evidence he is not the father the conviction will be quashed! What kind of law is this? Mwebabelenga LLB help me understand this
KAONDE WASWA MEMA
December 23, 2013 at 4:14 pm
DNA NEVER WORKS IN SUCH CIRCUMSTANCES. EVEN IF THE DNA IS NEGATIVE, THE WOMAN WILL BE FAVOURED TO AVOID THE CHILD BEING FATHERLESS. SUCH CASES WOMEN WINS. DNA FYABUFI TAFIBOMBA IN THESE ISSUES!!! ONLY A WOMAN KNOWS THE FATHER OF THE CHILD. WOMEN ARE TRICKY CREATURES AND WE MEN ARE ALWAYS VICTIMS IN THE END…..