Zgambo v Luhana (Civil Appeal 105 of 1978) [1979] MWNTAC 5 (9 August 1979)

IN THE NATIONAL TRADITIONAL COURT OF APPEAL SITTING AT MZIMBA. CIVIL APPEAL CASE NO. 115 OF 1972 BETWEEN WATSON SIMON LUHANA ……………………………………………. APPELLANT VERSUS F. DENIS …………………………………………………………………. RESPONDENT JUDGEMENT In this Civil Appeal Case No. 115 of 1972, the appellant is WATSON SIMON LUHANA and the respondent is F. DENIS, The respondent is again absent today. In April, 1974 the respondent had failed to come. Since this is the second time the respondent is absent, the Court has found it justified to make the judgement in his absence, in accordance with the Provisions of the Traditional Courts Procedure Rules r.38. On the record from the Lower Court, it is revealed that the respondent had eloped the appellant's wife twice. At first the respondent was summoned to Court where he had admitted the claim and was ordered to pay some compensation to the appellant. The wife was returned to the appellant. The second time it is said that the respondent come to re-elope her from Mzimba where she was living with her husband, the appellant, and he went with her to Lilongwe where she is up to now. The appellant had summoned respondent in the Lower Court, but the Lower Court did not find the respondent liable. As a result, the appellant now appeals to this Court. In our view, in a case of somebody's wife, if a man elopes a woman who is somebody's wife many time, the man who elopes that wife is wronging the wife's owner all those many times the wife is being eloped. Therefore, the man is liable to each of such elopement, and must pay compensation to the wife's owner each time. However, it is very important to mention here that in a case of an unmarried woman, if she has been re-eloped by the same man, her parents may only need there must be a marriage without getting some more compensation. Since the respondent has re-eloped somebody's wife, we set aside the Lower Court's Judgment and instead the respondent is found liable and ordered to pay K43:50 plus appeal fees and summons fees through the Court of first instance by the 31st day of January, 1976. The appeal is allowed. A copy of this Judgment must be sent to the respondent F. DENIS HON. DEPUTY CHAIRMAN / JUDGE INKOSI MZUKUZUKU. HON. MEMBER / JUDGE MTEMI KIILUPULA. HON. MEMBER / JUDGE CHIEF KABUNDULI. HON. MEMBER / JUDGE MR. D. G. TAMBALA