Kitwe Woman Ordered To Pay K800 For Defamation.
THE Buchi Local Court has ordered a 40– year- old business woman of Kitwe to pay K800 to a man of the same area for calling him a thief.
The court made the order in a case of defamation in which Benson Chola, 22, sued Margaret Nkowani for slander after calling him thief.
Chola told the court that his name has been dented because of Nkowani’s utterances.
“ It was on August 10, 2016 when she ( Nkowani) came to my shop and called me a thief. She says I am the one who has been stealing the bags of charcoal that she sells at her place.
“ For this reason your honour, I want the court to teach her a lesson because her careless accusations on me have put be in bad light in my neighbourhood,” Chola said.
In her defence, Nkowani admitted having branded Chola a thief saying she had on numerous occasions seen him steal bags of charcoal from her house.
She said it was unthinkable and disappointing that the person who had caused so much loss to her business, was the same, who ran to the court to sue her defamation of character.
She alleged that Chola had been to her house on more than three occasions at night to steal her bags of charcoal.
“ The first time it happened was in the night. We just heard noise outside, when we peeped through the window, I saw him tampering with the bags.
“ The following morning, he came loitering at our house, when I approached him to tell me what he came to do at my house, he did not give me a concrete answer,” Chola said.
She said Chola continued to frequent her house to steal charcoal until on the fateful day when she went to tell him off.
“ Yes I called him a thief because I am very sure he is the one who came to collect the bags, it is unfortunate that I don’t have tangible evidence but I am certain it is him,” she testified.
In passing judgment, magistrate Mutono said Nkowani was wrong to call Chola a thief when she did not have enough evidence to substantiate her claim.
Magistrate Mutono ordered her to compensate Chola with K800 to be paid in four monthly instalments beginning September 30, 2016.