A LOCAL court in Lusaka wondered how a man failed to bring a witness when he claims that he saw his wife through the window sitting with another man on bed and waited for three hours outside.
Senior Court Magistrates Miyanda Banda and Pauline Newa at Matero Local Court made this observation in a matter in which Eden Phiri, 50, of Chipata compound sued Germaine Sebineza, 47, of Garden compound alleging that he committed adultery with his wife, Catherine Bwalya, 49.
Phiri told the court that he married Bwalya in 1998 and that they have three children.
Phiri told the court that when he went to the road near where Bwalya stayed during their separation, he peeped through Bwalya’s window at around 14:00 hours and saw her sitting with Sebineza on the bed, adding that he waited for three hours.
He explained that after Bwalya opened the door he entered and asked Sebineza what he was doing but he responded that he was just passing by.
“I differed with Bwalya and she wanted to stab me with a knife and I saw Sebineza running away as she was telling him to move out,” said Phiri.
In defence, Sebineza denied being in Bwalya’s house but said that he was in town making orders for the shop. He said that he knew Bwalya in 2012. Bwalya testified that there was no relationship with Phiri but that Sebineza was just a customer she knew recently.
She testified that Phiri was a boyfriend and that the relationship ended and that the children were born from the rail line.
But Phiri’s child said that Bwalya was staying with Phiri and that she moved out of the house this year.
The court said that Bwalya wanted to shield herself by lying that three children were born from the rail line.The court said that there was relationship between Sebineza and Bwalya and that it is true that Phiri found them in the house.
The court said that Bwalya and Sebineza are giving conflicting statements because Bwalya says she knew Sebineza recently while Sebineza says in 2012.
The court wondered how Phiri failed to bring a witness when he said that he waited for Bwalya and Sebineza who were in the house for three hours. The court dismissed the case for lack of proper evidence.