LUCY PHIRI writes
A POULTRY farmer of Lusaka’s Ibex Hill who sued his former wife for child custody lost his case in the Chelstone Local Court after failing to give convincing reasons as to why he should take the children.
Maybin Nyemba, 36, sued his former wife Mary Moonga, 32, of Chongwe for child custody but walked out of the courtroom a disappointed man after his application was thrown out.
Chelstone local court senior magistrate Charity Milambo sitting with presiding magistrate Kennedy Mwansa Mutale heard the matter.
Nyemba told the court that he married Moonga and divorced her in 2016.
He remarried in 2018 while his former wife was still single but he never had full access to his children.
“Since we divorced I haven’t been having custody of my children. They only come home during holidays and go back to their mother. What prompted me to claim for the children is my wife who went to the village recently and left the children alone with the neighbour,” he said.
Nyemba said he wanted his children to be under his care because they were always free with him and told him they enjoyed his company when they went to his house for holidays.
Moonga said she had not left the children alone but under a neighbour’s care whom she knew wouldn’t harm them in any way.
“He cannot get them because one is in grade nine and can’t be disturbed,” she said.
“I left them with lot of food and enough transport money for school so as to help them in my absence because I was going for a funeral to the village,” Moonga said.
Upon hearing from statements, Nyemba’s application was dismissed.
The court ordered that the children remain in their mother’s custody because there was no proper reason why Nyemba should be living with them.
But he did not lose all after all as the court ordered Moonga to allow him 100 percent access to the children.