A CASE in which a man sued his niece’s lover in the Matero Local Court for virginity damage has been dismissed because he was not the first man to sleep with her.
Samuel Phiri, 45, of Matero has sued Ngosa Mukosha, 29, of Chingwere whom he accused of deflowering his daughter and impregnating her.
The two were appearing before magistrate Pauline Newa.
Phiri told the court that he knew Mukosha on the November 10 last year when he came to his residence seeking to marry his niece.
“My niece told me that they had known each other for about 3 years. Mukosha then told me that he would come back with his family to pay dowry but as we were in the process of waiting my niece fell pregnant,
“We called him back but he did not show up, this is why we came to court. We want him to pay K9, 000,” said Phiri
Phiri’s niece Helgah Phiri, 24, told the court that Mukosha was not the first man to sleep with her but he was the second.
Mukosha told the court that he did not deny the pregnancy.
“I admitted to being responsible for the pregnancy. I said I would marry her after I settle the damage charge. His family is the one that brought confusion that is why we did not finish discussing the matter,
“I did not show up because in our tradition (Lamba) when there is a pregnancy it is the woman’s family that follows up such issues” said Mukosha.
“I love her I just need a bit of time, I will support the child and take full responsibility and buy what is needed. The money is not a problem but the court should consider that I approached them in a good manner” said Mukosha”.
The court ruled that there was no virginity damage here because Helga admitted that she had slept with someone else before Mukosha.
Magistrate Newa said if Mukosha wanted to marry Helga he should be charged just for dowry.