Mungule farmer loses defamatory case

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MUTINTA MULAYE writes

THE Boma Local Court has thrown out a defamatory case involving two farmers of Mungule area because of insufficient evidence

This was in a case in which Maboy Kayombo, 42, sued Phineas Hanyana, 30, for allegedly accusing him of having committed adultery with his wife

Kayombo told Senior Local Court Magistrate Mpundu Mwape that Hanyana accused him of committing adultery with his wife and even took him to court for compensation but the claim was dismissed.

“Even after he lost in court he still tells everyone that I was sleeping with his wife. The story has even reached people at my church where I am an elder .People have lost respect for me because of these same rumours that I’m going out with his wife,” Mr Kayombo said.

He said his name has been tarnished and everyone in the area thought he was a womaniser for going out with a married woman.

In his defence, Hanyana told the court that he did not defame Kayombo because what he said about him sleeping with his wife was true.

“This man came to my sister’s house and brought clothes for my child and told her he was sleeping with my wife and the child was not mine but his,” Hanyana said.

Haryana’s wife Eunice Kuni, who came as his witness told the court that Kayombo proposed to her when she was already married and she started sleeping with him because he was persistent.

“”I was already pregnant when I slept with him and I slept with him again when I gave birth. One time he gave me a K100 because I was pregnant when I was sleeping with him,” Ms Kuni said.

The court found that there was probability that there was a relationship between Kayombo and Hanyana’s wife.

The court also found that earlier when Hanyana sued Kayombo for adultery, the claim was dismissed.

Magistrate Mwape therefore dismissed the defamatory claims by Kayombo.

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