A Lusaka lawyer and assistant researcher to a High Court judge Naomi Sithole has had her case against her ex-lover dismissed for failing to show up in court to prosecute the matter.
Ms Sithole had sued her ex-lover Kelvin Milambo for unlawfully and negligently doing acts likely to spread Sexually Transmitted Diseases between March 26, 2020 and June 21, 2020, when the two had unprotected sexual intercourse.

This was after Mr Milambo told her that he was HIV negative but she later discovered through a WhatsApp conversation between him and his ex-wife where she told him about the Antiretroviral Treatment she was on.

Based on what she saw, Ms Sithole, who is no longer in a as relationship with Mr Milambo, decided to sue for knowingly and negligently exposing her to an infection dangerous to her health.

But when the case came up for trial, Ms Sithole was not before court to prosecute her case.
This was the second time she was missing court, prompting Mr Milambo’s lawyer Osbourne Ngoma to apply that the matter be dismissed for want of prosecution.

Mr Ngoma said the record would show that this was the second time Sithole has failed to show up to prosecute her case.

“It is therefore, our prayer Your Honour that this matter be dismissed for want of prosecution as it appears that the complainant is no longer interested in this matter. In the interest of justice, we pray that this matter be dismissed as justice will not only be done but should be seeing to be done,” he said, an application which magistrate Kaoma allowed and dismissed the case.
“The accused is forthwith discharged,” ordered magistrate Kaoma.


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