THE Lusaka High Court has ordered journalist, Faith Musonda’s former husband Bernard Chitulangoma to pay 50% of their children’s school fees at Chengelo school and provide all the essentials needed.
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This was after Chitulangoma sued Musonda seeking for an equitable division of the matrimonial property and that both parties takes responsibility of their children.
Chitulangoma called upon the court to determine the financial obligations of the parties toward the children and to make an equitable division of the matrimonial property.
He said Musonda moved the Court pursuant to Sections 54(1)(d), 55(1)(b), and 56(1) of the Matrimonial Causes Act No. 20 of 2007 and Sections 38(1) of the Children’s Code Act No. 12 of 2022.
These provisions collectively impose a statutory obligation on both parents to maintain their children and empower the Court to order reasonable maintenance based on the parties’ financial means, standard of living, and the best interests of the child.
In an affidavit evidence filed on August 26, 2021, Musonda, the respondent, stated that she lawfully married Chitulangoma on October 22, 2011, the marriage lasted approximately nine years until a decree nisi was granted on September 24, 2020.
Musonda said she is a freelance journalist and consultant with a fluctuating income and was the primary breadwinner during the marriage, as the petitioner was largely unemployed.
The couple has two children together.
She added that she solely maintained the home and the children and financed the development of two matrimonial properties in Salama Park which she acquired prior to the marriage and is registered in her name.
She also maintained the Makeni Property which was developed on family land allocated to the petitioner and is registered in his name.
Musonda said she took several loans, including K60,000, K212,000 in 2013, and K320,000 in 2017, used for construction and household needs.
It was further revealed that despite her financial contributions, the petitioner controlled rental income and insisted rental agreements be in his name.
She also alleged that he used part of the proceeds from property sales to fund his company, Covenant Hills Limited, in which he holds a 51 percent share.
Musonda confirmed that she receives K9,000 monthly from the Salama Park Property, while the petitioner receives K16,000 from the Makeni Property.
She said no agreement on property settlement exists.
Musonda urged the Court to grant an equitable division of the matrimonial estate, including the two properties and the petitioner’s company shares, on account of her substantial financial and non- financial contributions throughout the marriage.
She revealed that she has borne the full financial burden of the children’s upkeep, including school fees at Chengelo school.
However, Chitulangoma, in his affidavit sworn in 2022, denies the respondent’s claims regarding financial contributions and property ownership.
He asserts that he solely bore all household expenses and that the respondent never assisted with his car loan or the development of properties.
Chitulangoma shared that the Makeni property was gifted to him by his parents in 2015, with complete structures, and was never a matrimonial home.
He said the Salama Park property was developed using his gratuity and proceeds from Makeni, solely for the benefit of their children.
Chitulangoma said he has been helping in basic needs and school fees too.
And in rendering judgement on July 29, 2025, the court said Musonda provided evidence of the loan she obtained, receipts of payments of school fees, basic needs and other essentials as part of her evidence but the petitioner did not produce any evidence.
In summary, the court said the petitioner has also failed to prove exclusive ownership or funding of the Makeni property on a balance of probabilities.
The court said the petitioner failed to help even though he had capacity to do so.
“I order that you pay a monthly maintenance sum of K7,500 for the upkeep of the two children, with effect from the first day of the month following this ruling.”
“Contribute 50 percent of the school fees and boarding fees for both children at Chengelo School, beginning with the upcoming academic term.”
The court also ruled that Chitulangoma pays 50 percent of all agreed essential educational expenses, including textbooks, uniforms, and extracurricular activities, upon presentation of invoices by the respondent.
By Lucy Phiri
Kalemba August 7,2025
