FRANK NYAMBE writes
A KANYAMA man has been fined K8, 000 for impregnating another man’s wife who was on separation from her husband.
This was heard in a matter in which Moses Mutalima, 30 of Kanyama Township sued Justine Simwiinga, 27 of the same locality for committing adultery with his wife..
Mutalima’s wife Catherine Kaoma, 25 told Kanyama Local Court Senior Magistrates Abbyshine Michelo and Esther Mulomba that her husband came after he discovered that she was pregnant.
Mutalima told the court that just after six months in marriage Catherine started going to church but he was rather skeptical to allow her.
He said later Catherine started receiving phone calls as early as 06:00 hours from a man and that he stopped her from talking to him but she changed the name from Justine and saved it as ‘Best’. He said they started having quarrels with his wife and that at one time he found Simwiinga with Catherine at night, a situation that worsened their relationship
He said Catherine left the matrimonial home and started staying alone.
‘’I started visiting my wife and would give her money for the child. I used to find Simwiinga with her and at one time I confronted him at his house in the presence of his wife.
As it is, Simwiinga has impregnated my wife,’’ Mutalima said.
Mutalima married Catherine in 2015 after paying dowry and they have one child.
In defence, Simwiinga said the time he met Catherine she was single and that she told him she was a divorcee.
In cross-examination, Simwiinga said Mutalima came to their church and complained about him and Catherine to their Pastor.
Catherine testified that Mutalima was her husband but that they were not living together since February 2019 adding that they separated because of some misunderstandings.
She testified that Simwiinga came in when they were already on separation from Mutalima and that she used to meet Simwiinga at Redeemed Christian Army church.
She testified that she started sexual relationship with Simwiinga when they were on separation with Mutalima and that he came after he discovered that she was pregnant with Simwiinga’s baby.
When cross-examined by Simwiinga, Catherine said he knew she was married.
The court established that Simwiinga committed adultery with Mutalima’s wife and subsequently impregnated her.
The court ordered Simwiinga to compensate Mutalima K8, 000 with initial payment of K1, 000 followed by monthly installments of K700.