Man loses defamation case over dowry

A 35-year-old man who sued another man in a local court in Lusaka on allegation that he was being accused of having an affair with his wife had his case dismissed after the court noted that the man he sued did not pay dowry and was therefore just a boyfriend.

This is in a case in which James Fundulo of Chazanga has sued Chewe Sakala,28, of the same compound for accusing him of having an affair with his wife, Jennifer Sakala,28.

Fundulo told senior presiding Magistrate Martha Tembo sitting with Magistrate Harriet Mbewe at Matero Local Court that on unknown date but in November 2014 Sakala called him and told him that he had heard that he was having an affair with his wife, Jennifer which he denied.

He explained that again Sakala phoned him and told him that he was not a clever man because some people had told him he is having an affair with Jennifer.

In cross-examination, Fundulo said that Sakala told him to stop phoning his wife.  In his defence, Sakala said he went to work in Senanga and that when he came back he found Jennifer was pregnant.

Sakala said he got suspicious because Jennifer told him she would buy clothes for the baby alone.

He explained that he also discovered that Fundulo was calling Jennifer and that Jennifer saved his number as BMW.

Sakala said that he told Jennifer to delete Fundulo’s mobile number because his child also told him that Fundulo used to bring food for the child.

“Jennifer got annoyed and told me that Fundulo was also a man.

She said she would go to Kabwe and when she comes back she will go and stay with Fundulo. Jennifer left the matrimonial home and went to live with her relatives in Kabwe,” he said.

Jennifer said that Fundulo was her workmate and that she was calling him because he was owing her money.

She denied having an affair with him.

She said that she left the matrimonial home after Sakala beat her on allegation that she was having an affair with Fundulo.

Jennifer denied saying that she will get married to Fundulo.

In submission, Fundulo said that he wanted peace because Sakala threatens to beat him at work.  Sakala said he was surprised to be brought to Court.

When delivering judgment, Magistrate Tembo said there was no defamation because Sakala did not pay dowry and that if Fundulo troubled him he should say Jennifer was not his wife. She dismissed the case.