Phatsimo 👑💕@Queen_Phatsi
"O motsentse skolo abo a gana go go nyala?"
REPUBLIC OF BOTSWANA
IN THE MAGISTRATE’S COURT AT FRANCISTOWN
CIVIL CASE NO. FMC/CF/45/2022
BETWEEN:
KELETSO LEBADI (of Sowa Town) ........................................................................ PLAINTIFF
AND
BOTHO MOSINKANYI (of Mosetse Village) ........................................................... DEFENDANT
Before: Her Worship, Magistrate D. Modise
Appearances:
Mr. Thato Maswabi of Maswabi & Associates for the Plaintiff.
The Defendant appeared in person.
THE PROCEEDINGS
COURT CLERK: All rise. This Honourable Court is now in session. The Honourable Magistrate Modise is presiding. Please be seated.
MAGISTRATE MODISE: Good morning. We are here for the hearing in the matter between Mr. Keletso Lebadi and Ms. Botho Mosinkanyi. Mr. Maswabi, you are ready for the Plaintiff?
MR. THATO MASWABI: Good morning, Your Worship. Yes, I am ready. The Plaintiff is present.
MAGISTRATE MODISE: Ms. Mosinkanyi, are you ready to proceed?
DEFENDANT (BOTHO): Yes, Your Worship.
MAGISTRATE MODISE: Very well. Mr. Maswabi, please call your first witness.
MR. THATO MASWABI: Thank you, Your Worship. I call the Plaintiff, Mr. Keletso Lebadi.
(Mr. Keletso Lebadi takes the stand and is sworn in.)
MR. THATO MASWABI: Mr. Lebadi, please state your full name and address for the record.
KELETSO LEBADI: I am Keletso Lebadi, and I reside in Sowa Town.
MR. THATO MASWABI: Mr. Lebadi, what is the nature of your relationship with the Defendant, Ms. Botho Mosinkanyi?
KELETSO LEBADI: I met her in 2018 when she had just finished Form 5 at Nata senior Secondary School. I was working at the Soda Ash plant. We began a courtship with the intention of marriage.
MR. THATO MASWABI: What happened when you approached her family about your intention to marry her?
KELETSO LEBADI: I went with my uncle to her parents' home in Mosetse to pay patlo [the customary bride negotiation]. Her parents were receptive, but they laid down a condition. They said their daughter was the first in the family to have a chance to go to university, and that I could only marry her if I agreed to sponsor her tertiary education. They estimated it would take about four years.
MR. THATO MASWABI: And did you agree to this condition?
KELETSO LEBADI: Yes, sir. I agreed because I loved her and we had a clear understanding that marriage was the end goal. I believed I was investing in my future wife.
MR. THATO MASWABI: Can you tell the Court what you did pursuant to that agreement?
KELETSO LEBADI: I paid for everything. Over four years at the University of Botswana, I paid her tuition fees, accommodation, a living stipend, books, and even her graduation gown. The total amount is over P350,000.
MR. THATO MASWABI: What happened after her graduation?
KELETSO LEBADI: I went to her place in Gaborone to discuss our marriage. She told me she was "not ready." She started avoiding my calls. When I finally confronted her, she simply said she no longer had feelings for me.
MR. THATO MASWABI: What was the response of her parents when you complained?
KELETSO LEBADI: They said they were sorry, but Botho is an adult and they cannot force her to marry me. Her father told me to "move on" and that I would find another wife. They refused to take responsibility for the agreement we made.
MR. THATO MASWABI: No further questions for now, Your Worship.
MAGISTRATE MODISE: Thank you. Ms. Mosinkanyi, you may cross-examine the witness.
DEFENDANT (BOTHO): (Rising, looking uncomfortable) He says he spent that money, but he did it on his own free will. No one forced him.
MR. THATO MASWABI: (Rising quickly) Objection, Your Worship. That is not a question. The witness has not asked the witness anything. She is making a speech.
MAGISTRATE MODISE: Sustained. Ms. Mosinkanyi, you are here to ask questions, not to make a statement. Do you have a question for the Plaintiff?
DEFENDANT (BOTHO): I don’t have any questions for him.
MAGISTRATE MODISE: Very well.