Wife sues husband’s ex-wife

Court divorce lusakavoice.com 2014
Court divorce lusakavoice.com 2014

A 26-year-old housewife of Chawama township has sued her husband’s former wife and the sister for compensation for insults.
Before senior court magistrates Gaston Kalala and Sarah Nyendwa was Tisauke Phiri, who sued Samwa Mvula, 33, as first defendant and her older sister Liness Mvula, 46, as second defendant both of Kuku township for compensation for insults.
Phiri told the court that Samwa is her husband’s former wife and that they have four children together. She told the court that she got married to the same man in 2009 after he divorced Samwa.
Phiri stated that problems started when her step son went for a holiday at their home while her husband was out in Malawi. She said the next day, around 05:00 hours, Samwa and Liness went to her home demanding to see the child.

“It was visible that the two were upset and I quickly woke up the boy and asked him to go with his mother. But even from inside, I could hear Samwa screaming and insulting me. She said I am a dog for allowing her son to spend a night while the father was out of the country.
I told her I didn’t think there is anything wrong because his father’s house is his but she continued with the insults and extended her vulgar language to my parents,” she said.
She said Samwa then warned her against welcoming any of her (Samwa’s) children in her (Phiri’s) house if the father was not there.
Her witness, Joseph Chisala, 47, who is also her neighbour, said he was awoken by people arguing outside on the material day. He said he tried to calm both Samwa and Liness but they seemed uncompromising.

In her statement, Samwa denied insulting Phiri saying she only went to her house to get her son.
“I told my son that morning not to go to his father’s home because he is the one who takes care of his younger siblings while I go for work. But when I went home that evening I found my younger children alone. I called my husband and he said our son was at his house,” she said.
She said the only thing she was interested in was getting her son but she did not call Phiri a dog.
Liness told the court that she did not insult Phiri and that the aim of the visit was to get her nephew.
Passing judgment, the court upheld the claim and ordered the two defendants to pay Phiri K500 as compensation in monthly installments of K250 starting January monthend.

Daily Mail