‘Show us evidence you caught them pants down’

Judge Mallet; Hammer
Judge Mallet; Hammer
THE Matero Local Court has dismissed a claim of compensation for adultery because the plaintiff had no evidence to prove wife has been cheating.
This was in the Matero Local Court before justices Lewis Mumba and Petronella Kalyalya in a case where Chrispin Nyamambo, 78, of Mandevu dragged Isaac Zulu, 42, also of Mandevu for compensation for adultery.
Nyamambo narrated to the court that one day in 2013, Zulu went to his house around 21:00 hours and asked for his wife Harriet Nkausu.
He said he followed her and sat in the living room while she spoke with Zulu.
Nyamambo said after some days, his son got involved in an accident and when he went to see him at the hospital, he met Zulu who told him he had come from seeing a patient.
“When I saw my son, he told me that a man came to visit him and left him a loaf of bread. I had an uncanny feeling it was Zulu,” he said.
And on another day, Nyamambo said Nkausu went home swollen, saying Zulu had beaten her, adding that he then decided to follow Zulu wondering on what grounds he could beat his wife.
When he got to Zulu’s house, Nyamambo said he was told Zulu had run away.
After that incident, Nkausu would always return home drunk around 21:00 hours and usually in the company of Zulu, Nyamambo said.
When Nkausu’s drunkenness escalated, Nyamambo decided to find out who was behind it.
“When my wife went for work where she sells cigarettes at a tavern, I decided with my son to follow her. I found her seated with Zulu with a bottle of beer in between them,” he said.
Nyamambo said he then dragged Zulu to the police station so that he could explain why he is in the habit of drinking beer with another man’s wife.
And in his statement, Zulu said he does not take Nkausu out to drink, adding that she sells cigarettes at the bar where he drinks from.
He said one day, he was having a drink at the tavern when Nyamambo, in the company of his son, accused him of flirting with Nkausu after which he dragged him to the police.
Later, Justice Mumba called for Nkausu who sent the gallery laughing as she walked into the court wearing a night dress.
She angrily looked at the floor and asked, ‘museka cani,’ (What are you laughing at)?
Testifying before the court with arms folded across her chest, the 61-year-old Nkausu denied knowing Zulu.
She said she trades from Zulu’s favourite tavern, adding that she was surprised one day when her son, in the company of his father, pointed to Zulu and said, ‘Dad, this is the Zulu you’ve been hearing about.’
Nkausu told the court that since Nyamambo is accusing her of adultery, he should show the court any exhibit such as an under pant or half-slip and not just accusing her by word of mouth.
During cross-examination, Nyamambo asked Nkausu who took a loaf of bread to their son in hospital.
She answered, bushe nkhani ili pano niya breadi olo yacigololo (is the case before this court about bread or adultery?)
And in his statement, Nyamambo’s son told the court that Zulu took him a loaf of bread when he was hospitalised.
He said Zulu even takes relish to their house, adding that when the family has bereavements, Nkausu goes with Zulu on pretext that they are business partners.
As he testified, Zulu could be seen shaking his head and muttering under his breath saying, ‘iyayi sindine, kapena ni winangu,’ (it’s not me, must have been someone else) as the gallery jeered.
In passing judgment, Justice Mumba dismissed the claim, saying Nyamambo should have produced evidence to show that he caught the two committing adultery.


Daily Mail – NOMSA NKANA, Lusaka