By 
The Lusaka High Court has ordered Bernard Chitulangoma, ex-husband of journalist, Faith Musonda, to pay K7,500 monthly for the upkeep of their two children and contribute 50 percent of their school fees and boarding costs at Chengelo School, which charges over K48,000 per term.
The ruling by High Court District Registrar, M. Nkole, follows a lengthy dispute over property and child maintenance, during which the Court found that Chitulangoma had failed to meaningfully support his children, despite possessing the financial capacity to do so.
Citing the Children’s Code Act No. 12 of 2022 and the Matrimonial Causes Act No. 20 of 2007, the Court also directed Chitulangoma to cover half of all agreed educational expenses, including textbooks, uniforms, and extracurricular activities, upon receipt of invoices from Musonda.
The Court rejected Chitulangoma’s claim of financial incapacity, noting that he admitted under cross-examination to earning K16,000 to K20,000 monthly in rental income from six flats at the Makeni property, income he had not used to support his children.
Although Chitulangoma claimed he was unemployed and a student, and that the burden of support should fall on Musonda—who he said earns USD 2,000 monthly from a property in Kingsland City—the Court found these arguments unconvincing.
He further alleged that Musonda misused funds from Covenant Hills Limited, a company he established to assist her financially, where she was appointed CEO with a 49 percent shareholding.
He also argued that the Makeni property was a personal gift from his parents and not subject to division, suggesting only the Salama Park property (registered in Musonda’s name) should be held in trust for their children.
In response, Musonda provided documentary evidence and oral testimony, demonstrating that she was the primary caregiver and financial provider throughout their nine-year marriage and after.
She explained that she financed the development of both the Makeni and Salama Park properties using income from consultancy work, loans from FNB Capital and Indo Zambia Bank, and her salary.
While she acknowledged the Makeni land was a gift, Musonda testified that the flats were constructed with her own funds while working abroad.
She also denied claims of misusing company funds or that the Kingsland City property was acquired during their marriage.
The Court concluded that Musonda’s contributions—both financial and non-financial, including child-rearing and household responsibilities—enabled Chitulangoma to pursue income-generating ventures.
Relying on precedents such as Wachtel v Wachtel and Hanlon v Hanlon, the Court ruled that the Makeni property qualifies as matrimonial property and should be equitably shared.
Chitulangoma’s claim of having paid K10,000 per month in maintenance was dismissed as unsubstantiated due to lack of proof via bank statements, mobile money records, or third-party confirmation.
In contrast, Musonda provided invoices and unchallenged testimony that she solely paid for school fees, medical bills (including eye surgery for their daughter), and other household costs.
She explained that she transferred the children from the Italian School to Chengelo for religious and academic reasons, without any support from Chitulangoma.
The Court found it unjust and not in the best interest of the children to allow one parent to shoulder all financial responsibilities when the other had the means to contribute.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments