KISUTU Resident Magistrate’s Court in Dar es Salaam, Tanzania was yesterday compelled to adjourn the 7.5bn/- adultery case against Prophet Josephat Mwingira and Phillis Nyimbi over legal controversies.
Principal Resident Magistrate Thomas Simba was scheduled to start hearing the suit but pushed the session forward to July 18 to allow advocate Respicius Ishengoma to discuss with his client, an American Doctor William Morris, who lodged the case, on certainty of the sought prayers.
In the prayers, Dr Morris is pleading with the court to order Mwingira, the Chief Executive Officer of Efata Ministry, to pay him 7.5bn/- as general damages for allegedly committing adultery, unlawfully cohabiting with his wife, Dr Nyimbi.
The plaintiff also seeks orders for HIV tests on all three parties, himself, Mwingira and Dr Nyimbi as well as orders of DNA test between the child and the two defendants. He is also pressing for payments of punitive and exemplary damages, interests and costs of the suit.
But, in yesterday’s court proceedings, the magistrate questioned the rationale behind the prayers on HIV and DNA tests, as they will have no use at the end of the trial. He questioned where the results will be taken to after the tests as the file will already be closed after determining the suit.
“The HIV and DNA testing are reliefs that have been asked to be given at the end of the trial. Assume we grant these two prayers, where will the results be taken to?
How this court will benefit from the results adduced after determining the suit,” the magistrate questioned. Prophet Mwingira and Dr Nyimbi are alleged to have entered into love affairs at unknown date despite the lady being the lawful wife of Dr Morris, the plaintiff.
It is further alleged that when the plaintiff enquired on the issue, the wife claimed to have been raped by Mwingira. The alleged rape did not only result into pregnancy but also other serious medical complications.
It is claimed that on December 28, 2001, Dr Morris contracted a Christian marriage with Dr Nyimbi at St Albans Anglican Church, Upanga, in the city. According to the suit, in the course of alleged love affairs between the defendants, the couple got an issue aged nine years now and a series of medical complications on the wife.
It is claimed further that the plaintiff reported the case to Coast Regional Police in Kibaha but the police informed him that the act was adultery or defamation, which did not fall under the criminal cases because there was love affairs and was advised to pursue the civil case.
“The act of second defendant (Dr Nyimbi) having love affairs with the first defendant (Rev. Mwingira) is the betrayal to the valid marriage between the plaintiff and the second defendant...the same has frustrated all the plaintiff’s future plans to the extent of losing the taste of living,” the plaint reads.
It is alleged that acts of the two has also ashamed and or defamed and lowered the reputation of the plaintiff not only in Tanzania but also in the world. The act has allegedly not only ruined the plaintiff’s social life but also psychologically and economically.
“This resulted in the damage and loss of business to his international NGO due to loss of sponsorships from individuals and institutions from around and the possibility of a legal action by one of the organization’s main supporters,” it is further stated in the plaint of the suit.
The plaint show that the plaintiff has been living and practicing in Texas in the USA as an Obstetrician Gynaecologist, a Lecturer and Health Program Director for over 20 years.
The couple was living in peace and harmony and Dr Morris managed to acquire a Multi-national Executive or manager Visa status for his wife.