Adultery case against Mwingira thrown out

THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday dismissed with costs the suit lodged by American doctor William Morris, demanding 7.5bn/- damages from Prophet Joseph Mwingira, for allegedly committing adultery and unlawfully cohabiting with his ex-wife, Dr Phillis Nyimbi.

Senior Resident Magistrate Godfrey Muhini said that Dr Morris, who was the plaintiff in the suit, failed to prove the adultery relationship between Prophet Mwingira, who is the Chief Executive Officer of Efata Ministry, the first defendant and Dr Nyimbi, who was the second defendant in the matter.

“He (the plaintiff) also failed to prove that the child of the second defendant (name withheld) was the result of the adultery relationship with Prophet Mwingira,” the magistrate said in the judgment read on his behalf by Principal Resident Magistrate Thomas Simba.

The court concluded, therefore, that the American doctor was not entitled to any damages as claimed in the plaint of the suit, except to pay costs spent by the two defendants in defending the suit in question.

“I find the plaintiff’s suit and all the prayers to be of devoid of merits. I also find the defendants are not liable. The suit is, therefore, dismissed in its entirety with costs,” the magistrate declared. After delivery of the judgment, advocate Respicious Ishengoma, for the plaintiff, said he would appeal the verdict in the High Court.

He pointed out that the failure of his client to prove the adultery relationship between the defendants was a result of the refusal for the defendants to undergo a DNA test. During hearing of the suit, Prophet Mwingira refuted the claims of committing adultery with Dr Nyimbi, who was among members of his congregation. He had expressed shock over being linked with such an act which, as a “Man of God”, he could not even dare to conceive.

Rev Mwingira and Dr Nyimbi were alleged to have entered into love affairs at an unknown date, despite the fact that the latter was the lawful wife of Dr Morris. It was alleged that when the plaintiff enquired on the issue, his wife claimed to have been raped by Rev Mwingira. Such an act, the plaint of the suit shows, did not only result into pregnancy, but also other serious medical complications.

It was alleged 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 plaint of the suit, in the course of the said alleged love affairs between Rev Mwingira and Dr Nyimbi, the duo managed to get an issue (a child) who was aged five years old at the time the suit was lodged in 2013 and a series of medical complications for the wife.

Therefore, apart from the said payments, Dr Morris was also asking the court to order for an HIV test on all three parties (plaintiff and the defendants) and for a DNA test on the child and the two defendants.

He also sought payments of punitive and exemplary damages, interest at court rate and costs of the suit. It was claimed further that the plaintiff complained to the Coast regional police in Kibaha to investigate the matter and the police later informed him that such act was adultery or defamation which did not fall under the criminal cases because they were love affairs and was advised to pursue a civil case.