With technological innovations, it is easier to track people and their movement. So let’s say you have tracked your wife/gf to a hotel room at the time that she is not supposed to be there, the first thought that comes to one’s mind is, understandably, that she is cheating.

Husband’s Reaction

As stated above, Charles Chibesa from Lusaka was able to track his wife’s movement to a hotel room in Jesmondine and found that she was with a man surnamed Mulundika Mukelebai in the middle of the night.

He would later pinpoint his wife’s exact location, in the room on the sixth floor of the hotel. He went on to call 3 other people to serve as witnesses while he catch the cheating wife and the man in action.

Naturally, hotel staff refused to give them the room key so they headed over to the room and started knocking.

After knocking for a while, his wife opened the door and Chibesa pushed his way into the room to catch the cheater. The problem was that after searching for a while, he was not able to find the so-called cheater in the room.

As he was trying to apologize to his wife for the misunderstanding, his friend who stayed on the first floor told him that there was an accident—he found a lifeless body of a person who seemed to have fallen from the building.

After calling the police emergency number, 110, and police confirming that the man who fell down from the building is indeed the person who entered the room with Chibesa’s wife, Mr. Chibesa, his wife, and the other three people were taken to the police station for questioning.

The Wife’s Story

Chibesa’s wife told police that she had gone to the hotel room with Mulundika Mukelebai that night. At around 1am, they heard knocking on the door and realizing that the man knocking was her husband they both quickly put on their clothes.

Mulundika opened the room’s window and saw an air conditioner’s heat exchanger, he climbed the window and stood on the heat exchanger to avoid getting caught.

“At the time, I told him to get back into the room because it is too dangerous, but he insisted that there is a pipe that he can use to climb down the building.” The wife told the police.

After assurance from Mulundika, she closed the window and curtain and she never anticipated that Xia would fall down.

Mulundika’s Family sue Mr Chibesa for K1,300,000

While this case would have been over by now, with all the evidence such as the wife admitting of cheating and Mulundik climbing out the window on his own accord, his family had another theory and decided to take the case to court, suing Chibesa, his 3 friends, the hotel, and the wife for a total of 1,300,000.

The family argued that it’s because Chibesa and his friends surrounded Mulundika and threatened him, forcing him, who at the time had no other way to flee to safety, to make a decision to climb out of the window so he can flee. They said this directly caused his death.

They also argued that the hotel must also pay for their loss because as the proprietor of the business establishment hey must ensure the safety of their paying customers.

They further mentioned that Mr. Chibesa and his friends were neither customers nor hotel staff so they were not supposed to be allowed to enter the corridor before registering and paying at the counter.

“How were they able to enter the hotel and go to a certain room? Isn’t this a security breach at the hotel?” Asked one of the family members.

In conclusion, the family argued that Mulundika’s death would have been avoidable if the hotel had better management and security measures.

Hotel’s Statement

The hotel argued that they had taken every management and security guidelines in accordance with the country’s rules on hotel management. Furthermore, by forcing the window open to jump outside, Mulundika broke several blocking measures meant to keep clients from getting out through the window.

Apart from physically blocking clients from getting out of the window, the hotel had also put clear signs of warning to alert clients not to go out of the window, Mulundika ignored all the warnings anyway.

As an adult, Mulundika should have paid attention and be responsible of all the violations he had caused during his stay at the hotel.

The statement concluded that the hotel will agree to every fine and punishment if found liable by the court.

The Judgement

The judge who presided on the case expressed sympathy for Mulundika’s family and also acknowledged that his death was brutal. He added that it is understandable that the family was upset for his death and their loss of a family member.

However, citing evidence, he found that Mulundika climbed out of the window on his accord and conscience before Liu and his friends entered the room.

As an adult, Mulundika should have known better than climbing out of the 6th floor window which comes with unintended consequences. His death can only be ruled as an accident by him climbing out of and falling from a sixth floor window but not forced by others to fall.

The death was caused by the individual’s poor choices and can not be blamed on any other person, be it Chibesa, Chibesa’s wife, or His friends or the hotel management, they can not be held liable to his death.

In essence, there is no legal protection for Mulundika’s action on the current law and rules of the country.

The judge dismissed the case and no 1.3M was offered to the cheating man’s family.


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