No damage, she was not a virgin – court
By Charles Musonda
PATRICK Kabilizimazi has breathed a sigh of relief after the Matero Local C ourt quashed the K33,000 he was asked to pay by the family of Oprah Chapema, 18, as compensation for damaging her because she was not a virgin when he impregnated her.
This was in a case where Chapema’s mother Mercy Nchimunya, 40, a businessman of Ngwerere, was sued by Kabilizimazi, 30, a Congolese national for reconciliation over damage compensation.
But when asked by senior magistrate Harriet Mulenga who violated her virginity, Chapema named Innocent Chaweri as the man she had slept with first before making love with Kabilizimazi.
This prompted Justice Mulenga to rule that Kabilizimazi had been charged for damage outside legal requirements as he was not the one who violated Chapema’s virginity although he was responsible for her first pregnancy.
“Innocent Chaweri is the man who should have been sued for damage.You are free to sue for refund of the K10,000 you paid towards the K33,000. Just take responsibility for the pregnancy,” Justice Mulenga said.
Nchimunya told the court according to her Tonga tradition, when a girl fell pregnant she was supposed to be taken to the man responsible.
But when she discovered that her daughter was pregnant, she was informed that Kabilizimazi was a married man with a heavily pregnant wife.
She said when summoned, Kabilizimazi used to come with different people he claimed were his relatives yet they were not until he brought a Zambian who assured her that he would take charge of the issue.
Nchimunya said for fear of never seeing Kabilizimazi again, they charged him K33,000 of which he had paid K10,000.
She said although Kabilizimazi had complained to the court against Nchimunya and her daughter of blackmail and threats to bring down his business, he was a free man who even cooked in her house.
She said she was the one who was supposed to take Kabilizimazi to court but he rushed to sue her instead.
Justice Mulenga refused to grant Kabilizimazi the restraining order he sought against Chapema on grounds that she was interfering in his private life and threatening to commit suicide.
She said she could not stop Chapema from seeing Kabilizimazi as she was pregnant for him.
