CHENAI BADZA

versus

BERITA KATSANDE

HIGH COURT OF ZIMBABWE

CHITAKUNYE & NDEWERE JJ

HARARE, 2 February 2017, 7 February 2018

Civil Appeal

Appellant in person

Respondent in person

            NDEWERE J:  The plaintiff issued summons for $10 000-00 adultery damages against the defendant on 2 September, 2014. The adultery was common cause and it continued even after summons had been issued.

            On 7 August, 2015, the magistrate at Mashava magistrate’s court upheld the plaintiff’s claim and granted her adultery damages of $7 000-00.

            The defendant appealed against the whole judgment by the magistrate. Her grounds of appeal were as follows:

“1.       The learned magistrate erred when not taking into consideration the fact and evidence brought to him that the appellant was married to the respondent’s husband before the solemnisation of the marriage on 16 December, 2011.

2.         The learned magistrate also erred when ignoring facts and evidence brought to him that the appellant’s bride price was even paid before the solemnisation of the marriage and the parties were living together as wives of one person.

3.         The learned magistrate also erred when not taking into consideration the facts that the respondent took three (3) years to report the adultery, when the parties were staying together for that period as wives of one person.

4.         The learned magistrate also erred when not taking into consideration the facts that the respondent needs to explain how the appellant caused suffering to her and how she suffered such damages.

5.         Wherefore the appellant prays that the ruling of the court a quo be altered and should now read:”

            Plaintiff’s claim be and is hereby dismissed with costs.