THE Lusaka Boma Court has quashed a case in a Lusaka woman had sued her daughter’s boyfriend for compensation for virginity damage because the girl already had a child for another man.
Passing judgment, the court noted that the girl, who was eight months pregnant, already had a two-year-old child with another man and thus was not a virgin.
This was in a case in which, Irene Mwila, 40, of Makeni Konga sued Mwiya Lubasi, 23, of the same township for compensation for virginity damage resulting in pregnancy. Mwila’s daughter is Esnart Mwansa, 20, also of Makeni Konga.
Mwila told senior court magistrates Mable Mwaba and Mary Namangala that she wanted Lubasi to compensate her for breaking her daughter’s virginity and impregnating her. She said Lubasi has not shown commitment towards her daughter and their unborn child.
“Efforts to get his relatives so we can discuss has also proved futile as he refuses to tell us where they are. We took Mwansa to his place when we found out she was pregnant but he sent her packing saying his boss did not allow him to live with a girl at the company house.
I have in the process been made to take up the responsibility of buying things for his unborn child,” she said.
But in his statement, Lubasi told the court that although he was responsible for the pregnancy, he was not the first man Mwansa had slept with as she was not a virgin when they met.
He said he found Mwansa with a child when they started dating.
“I do accept to pay for damages but I did not break her virginity because she was not a virgin when we met. She already had a child with another man,” Lubasi said.
And in her statement, Mwansa told the court that the pregnancy was Lubasi’s but that he was not the man who broke her virginity as she had been with another before she met him.
Passing judgment, the court dismissed the case saying the girl had already lost her virginity when they met.