HIGH COURT OF ZIMBABWE
HARARE, 24 January 2018 & 12 July 2018
Plaintiff - In person
Defendant – In default
NDEWERE J: The background of the case is that the plaintiff Amon Mapiye got into a customary union with his wife Nomsa Faith Mapiye (Nee Mwazha) in 1999. Their union was initially blessed with two children in May, 2001 and in 15 October, 2005. On 24 April, 2007, the plaintiff and his wife solemnised their marriage in terms of the Marriage Act, [Chapter 5:11]. On 3 September, 2008, they were blessed with a 3rd male child. By all standards, the marriage was stable and happy up to 2008, as evidenced by the solemnisation of the customary union on 24 April, 2007, followed by the birth of a son on 3 September, 2008.
Then came a third party in the name of Innocent Mudyiwa, the defendant, to intrude upon this marriage sometime in 2008. The plaintiff was alerted in 2009 by some suggestive text messages which were being exchanged between Innocent, the defendant and his wife which he saw on his wife’s mobile phone.
The plaintiff confronted both the defendant and his wife about the text messages. In particular, he alerted the defendant to the fact that Nomsa Faith Mapiye was married to him in a monogamous union. Both the defendant and the plaintiff’s wife denied having an adulterous relationship. The plaintiff accepted the denial and let the matter rest.
About four years later, on 23 February, 2013, the plaintiff’s wife delivered a fourth male child.