Customary Court of Appeal dismisses an appeal for property

Maitseo Mololwane
Correspondent | Friday February 25, 2011 00:00

The facts of the matter are that they acquired the goods including plots and a house during the 15 years when they resided together.

Chirwa refused to agree with Mauje as she asked whether Mauje would be able to bring back the joy he gained from her body as her girlfriend over the years.

Judge Masego Taolo outlined that Mauje 'is not the first man to feel cheated and used by women.  It is something that is happening to every men and not him alone. Gase wena fela o jelweng akere monna.'

He said that it was a normal  thing 'for a man to spend or spoil the woman when there are in a love relationship because in return the woman takes care of the man by washing and cooking for him amongst other things and so division of goods amongst them is not possible.'

Meanwhile in another case, Bridget Mbenge sued Nomsa Senthufe for wrecking her marriage. She told the court that the Kaunda family (from her husband) approached her family to come and ask for her hand in marriage.

An agreement was settled between the two families and as to how much the bride price will be.'Even though I was proposed for marriage, due to an illness that broke at home, the bride price was not paid but sometime last year I found Senthufe cooking in my husband's kitchen.

'I then asked her who she is and she told me she was the neighbour's friend and they ran out of gas so she asked to cook there. I was very suspicious but I decided to dismiss this suspicions although I made it clear to Senthufe that I do not want her to be cooking in my husband's kitchen anymore,' Mbenge presented her case.

Mbenge added that Senthufe then started making late night calls to 'my husband's mobile phone. When I asked my husband who Senthufe was, he told  it is the lady from work.'

Mbege said when she confronted Senthufe why she was calling her husband,  'she told me that they are having an affair and that my husband has sent his family to her family for marriage preparation.'

She added that on July 11 2010 and August 2010 'when I went to my husband's house I found Senthufe sleeping with my husband and I called a police officer at Ramokgwebana and the neighbor.' Mbenge is demanding P10, 000 from Senthufe as damages for marriage wrecking.