Source: The Herald – Breaking news.
Phillipa Mukome
The award was made against Sheba Uta, for having an affair with James Chinhoi, who had been married to Rosemary Chinhoi for 30 years.
Rosemary had sued for US$30 000 in adultery-related damages broken down as follows: US$10 000 for contumelia, US$10 000 for loss of consortium, US$5 000 compensation for the high blood pressure and stress caused by the affair, and the remainder in compensation for the unhonoured promise that Uta, who is also her relative, would stop the affair.
But after a fully contested civil trial, Harare magistrate Ms Tamara Chibindi reduced the claim to $8 000 for both contumelia and loss of consortium.
She argued that a civil claim for adultery damages was still relevant even in a progressive societies like Zimbabwe which has its social values sanctified in the Constitution.
The courts are on record saying the quantum of damages should not be a mockery to the aggrieved party lest the judicial system falls into disrepute and run the risk of being held in complicity with adulterous people.
In her ruling, Ms Chibindi noted that where evidence was flawless as in the case that Chinhoi was injured, insulted and subjected to indignity, contumelia umbrella damages were justified.
“Parts of her defence were clearly dishonest. More so, the defendant wasted the court’s time by defending this action when there was overwhelming evidence against her. Thus the costs on a higher scale are justified in these circumstances.”
The marriage institution in Zimbabwe is protected under Section 78 of the Constitution and it is well established in the culture, religion and tradition of the country.
The purpose of making a claim against adultery is to protect the sanctity of the marriage.
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