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The contravesial case in which a Lusaka woman sued Taj Pamodzi Hotel PLC, claiming to have been sexually assaulted during a massage session by its employee has taken a new twist with the parties entering into a consent order to settle the issue through mediation to maintain privacy.
According to the consent order filed into the Lusaka High Court, the parties who include the litigant, Mwansa Charity Njelesani, the hotel and its employee, Kenneth Musonda agreed to attempt to resolve the issues in dispute through mediation.
They requested that the case be referred to mediation pursuant to order xxxi(4) of the high Court rules
“The parties believe that owing to the nature of the case mediation would be the best way to resolve the dispute to maintain privacy,” they stated.
However,the consent order is yet to be endorsed by Judge Sharon Newa.
This is in a matter Njelesani sued the hotal and Musonda in the Lusaka High Court, accusing the latter of sexually assaulting her on May 24, 2022
by touching her private parts and even asking if he could ejac*late in her.
She alleged that during the session, Musonda started massaging erogenous zones and she immediately went into tonic immobility.
“While in the state of tonic immobility, Musonda continued to assault her by touching and rubbing her clitor*s and trying to stimulate her thighs and vagina further. The Plaintiff avers that while in the state of tonic immobility, she tried to wriggle away but felt trapped in her body ard helpless.
“The first defendant (Musonda) then continued to assault her by asking her unbefitting questions such as if he could ejac*late in her to which the Plaintiff said no,” she stated.
However, the hotel contended that on all the two occasions that the plaintiff sought its services, there were female masseuses but she personally requested to be massaged by Musonda.
The hotel submitted that it was ready to produce the CCTV footage from the material date at trial as evidence against her.
The defendant, thus, countersued the plaintiff and was claiming damages for deceit and interest on the amount found due.
Musonda denied sexually assaulting her saying she in fact thanked him for the services and she proceeded to buy beer from the bar and hung around the hotel for close to two hours.
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