Court clears man of virginity damage claim

Written by on May 15, 2019

DIANA NSOFWA writes

@SunZambian

THE Matero local court has dismissed case of man sued f0r virginity damage and impregnating a girl due to lack of evidence.

Titus Mukuka, 68, of Mungwi district sued Mike Botha, 36,of Chaisa for virginity damage and impregnating his daughter.

The two were appearing before magistrate Miyanda Banda.

Mukuka told the court that he had charged Botha K20, 000 but he only paid K1, 800.

“I brought him here because he damaged my daughter, stayed with her for two months then he chased her and told her to look for a house to rent,

“She had a miscarriage in February and we later called him and he admitted and he agreed to pay. He paid K1, 800 and said he will finish off the balance at the month end of April but up to now he has not done so,

Mukuka told the court that Botha later refused to pay because he could not marry a Bemba man’s daughter.

In defence Botha told the court that Mukuka wanted to charge him for damage again.

“I was charged K2, 000 for damage. I paid K1, 800. They wanted me to go with her but I told her I would get her when I am ready. She came after a month saying she wasn’t being treated well that’s how she started staying with me,

“After two months I asked her to go back but she refused so I gave her money to rent a house and continued to support her.

He later gave her K500 to use for transport because she wanted to go to Kasama but she did not go.

“The person I made the payment to was Mukuka’s wife. Mukuka called me back to charge me saying the first payment was “chisumina mulandu” because he wasn’t present,” said Botha

The court ruled that Botha could not be brought to court to pay again because that would be unfair and dismissed the claim.


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