News / National
New twist to adultery case
28 Mar 2019 at 16:36hrs | Views
A Harare woman, who was recently ordered by the High Court to pay $50 000 in adultery damages to Rudo Boka, has approached the court seeking an out of court settlement.
Through her lawyers Devittie Rudolph and Timba Legal Practitioners, Rudo, won the case against her husband Noah Jabulani Mutambanengwe and Lorrain Chitereka who is employed as Finance and Administration Manager with a local beverages company.
Following the judgment, Lorrain filed an application to the High Court for rescission of judgment before she made a U-turn after Rudo made another counter with overwhelming evidence.
Lorrain then had to seek an out of court settlement.
During her appeal, Lorrain claimed that she was duped by a bogus lawyer who pretended to be representing her but failed to do so which resulted in a default judgement.
Part of her new application reads:
"This is an application for rescission of a default judgment granted against me and in favour of the respondent (Boka). The respondent concedes in her application for default judgment that an appearance to defend was duly entered…upon obtaining knowledge of this judgment, I attempted for the umpteenth time to check …, through my supposed lawyer.
"However, for reasons that appear in detail elsewhere in this affidavit, my 'lawyer', later turned out to be bogus and is in fact on the run. Regrettably, therefore, my default was occasioned by my reposing trust in, as it subsequently turned out, a fraudster posing as a lawyer.
"I paid (lawyer's name withheld) a total of US$2 125 and he drew up the appearance to defend and request for further particulars … In simple terms, I was duped and assured that my case was being actively defended when the reality has turned out otherwise now," reads the application.
The matter for an out of court settlement is yet to be heard.
Through her lawyers Devittie Rudolph and Timba Legal Practitioners, Rudo, won the case against her husband Noah Jabulani Mutambanengwe and Lorrain Chitereka who is employed as Finance and Administration Manager with a local beverages company.
Following the judgment, Lorrain filed an application to the High Court for rescission of judgment before she made a U-turn after Rudo made another counter with overwhelming evidence.
Lorrain then had to seek an out of court settlement.
During her appeal, Lorrain claimed that she was duped by a bogus lawyer who pretended to be representing her but failed to do so which resulted in a default judgement.
"This is an application for rescission of a default judgment granted against me and in favour of the respondent (Boka). The respondent concedes in her application for default judgment that an appearance to defend was duly entered…upon obtaining knowledge of this judgment, I attempted for the umpteenth time to check …, through my supposed lawyer.
"However, for reasons that appear in detail elsewhere in this affidavit, my 'lawyer', later turned out to be bogus and is in fact on the run. Regrettably, therefore, my default was occasioned by my reposing trust in, as it subsequently turned out, a fraudster posing as a lawyer.
"I paid (lawyer's name withheld) a total of US$2 125 and he drew up the appearance to defend and request for further particulars … In simple terms, I was duped and assured that my case was being actively defended when the reality has turned out otherwise now," reads the application.
The matter for an out of court settlement is yet to be heard.
Source - hmetro
