Dar woman sues church for 'officiating adultery'

Offish

Senior Member
Aug 14, 2008
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FAUSTINE KAPAMA

A Dar es Salaam woman, Ms Gwantwa Timoth Mwasyebule, has sued the pastor of Evangelical Lutheran Church of Tanzania, Rev.

Steven Maokola, of Magomeni Mviringo Parish, demanding 70m/- in damages for officiating a wedding between her husband and another woman.

The pastor allegedly presided over a highly disputed marriage between Mwasyebule's husband, Mr Anderson Asajenie Mwakibinga, alias Anderson Wadinkuta and Eva Steven Mbonde on December 12, last year.

In the suit lodged at the Kisutu Resident Magistrate's Court in Dar es Salaam through Mbamba and Company Advocates, the woman wants the said marriage to be declared null and void.

The woman is further asking the court to issue orders requiring Eva to pay 30m/- damages for committing adultery with her husband, Mr Mwakibinga.

Mr Mwakibinga and Eva, both residents of Mbezi Temboni, are being sued as co-respondents with the pastor in the suit to be presided over by Resident Magistrate Genivitus Dudu. The suit comes for mention on February 24.

The petitioner and Mr Mwakibinga contracted a monogamous marriage at Dar es Salaam on February 4, 1993 and were blessed with two children born on March 26, 1994 and February 24, 1999, respectively.

On May 6, 2001, following some misunderstandings between the couple, Mr Mwakibinga sent his wife on a "holiday" for one year, promising to recall her back to the matrimonial home after being reformed.

In December, last year, the petitioner learned that Mwakibinga and Eva were intending to contract a marriage at the church while hiding the fact that he already had an existing monogamous marriage with her.

The petitioner submitted to the church an objection both orally and in writing against the intended marriage. The pastor concurred with the objection and promised not to officiate the marriage for the reasons submitted by the petitioner.

However, in total disregard to the objection raised by the petitioner and despite assurances given to her to honour the objection, the pastor went ahead to solemnise the marriage.

The pastor is alleged to have acted in disregard of an affidavit sworn by Mr Mwakibinga, who therein, among others, confirmed the existence of their marriage between him and the petitioner.

It is alleged that the petitioner was shocked with the act by the pastor, the third respondent in the matter to solemnize the second marriage in disregard to the objection and concession by her husband in his affidavit of the existence of their marriage, an act which amounted to officiating adultery.

Dailynews February 1, 2010
 
It is difficult to quantify the amount she is claiming. Atawezaje kuithibitishia mahakama kwamba damages alizopata zinalingana na kiasi hicho cha pesa? Au ndio kukomoana?
 
Kazi kwelikweli na makasisi wanaokuwa KIKAZI zaidi bila kuwa na utumishi wa Muumba ndani yao. Huyo kalambishwa chambichambi.
 

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