A 65-year-old Tsholotsho man shocked the court when demanded 7 head of cattle as his share of the lobola after learning that the child whose paternity he had denied was now married.
The court heard that Mpilo Ndlovu was customarily married to Flora Mgayo and in 1991 the couple were blessed with a baby girl. For some reason Ndlovu denied paternity of the child, forcing Flora to drag him to the courts. Ndlovu was ordered to pay maintenance for the child and to make arrangements to have a paternity test done if he was sure that he was not the father.
Reports indicates that Ndlovu defied the court order and stopped paying maintenance when the child was six years old. He also did not bother to have the paternity test done.
Ironically, when Ndlovu heard that the girl was getting married he rushed to claim his paternal dues demanding 7 beasts. He was incensed when he learned that the groom had already paid 4 beasts without him receiving anything that he rushed to the courts to demand his share.
However, Bulawayo magistrate Nomasiko Ndlovu who was shocked by his demands dismissed his claims noting that by denying the paternity of the child he had relinquished all claims to benefits. The magistrate also noted that Ndlovu had willfully violated a court order by not paying maintenance or carrying out the paternity test as ordered.
â€śNdlovuâ€™s entitlement vanished when he disputed the paternity of the child,â€ť said magistrate Ndlovu.
The magistrate added: â€śAt that very moment he elected to dissociate himself from the child he chose to dissociate with the benefits that came with the child. Ndlovu cannot seek to claim lobola of a child he denied. Accordingly, the court upholds Mgayoâ€™s appeal. As a result, Ndlovu is not entitled to the share of lobola.â€ť
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