News / National
Court revises Boka's US$50 000 adultery damages compensation
29 May 2019 at 03:02hrs | Views
A HARARE woman, Lorraine Chitereka, who was earlier slapped with US$50 000 adultery damages for bedding businesswoman Rudo Boka's husband has heaved a sigh of relief after the High Court overturned the greenback payment and substituted it with a local currency in the sum of ZWL$16 000.
High Court judge Justice Nicholas Mathonsi issued the court order by consent after Boka and Chitereka, through their lawyers, reached common ground.
"It is ordered by consent that judgment be and is hereby granted in favour of plaintiff (Boka). The defendant (Chitereka) shall pay the plaintiff the sum of ZWL$5 000 as damages for contumelia … ZWL$5 000 for loss of comfort, companionship and the service of a spouse … and ZWL$6 000 costs of suit," Justice Mathonsi ruled, adding that Chitereka shall pay both the damages and costs within a five-month period.
Chitereka initially approached the court seeking rescission of the US$50 000 default judgment, but later filed an urgent chamber application after getting wind that Boka had instructed her lawyers to seek an order to attach her property.
Chitereka further said her lawyer had gone further and researched on the legal authorities cited by Boka's lawyer in justifying her exorbitant claim in US dollars which she had obtained in default, and established that the awards ranged between ZWL$4 000 and ZWL$8 000.
Chitereka further said she also realised that in appreciation of the currency in which the judgment was granted to Boka, the latter would walk away with over ZWL$125 000.
High Court judge Justice Nicholas Mathonsi issued the court order by consent after Boka and Chitereka, through their lawyers, reached common ground.
"It is ordered by consent that judgment be and is hereby granted in favour of plaintiff (Boka). The defendant (Chitereka) shall pay the plaintiff the sum of ZWL$5 000 as damages for contumelia … ZWL$5 000 for loss of comfort, companionship and the service of a spouse … and ZWL$6 000 costs of suit," Justice Mathonsi ruled, adding that Chitereka shall pay both the damages and costs within a five-month period.
Chitereka initially approached the court seeking rescission of the US$50 000 default judgment, but later filed an urgent chamber application after getting wind that Boka had instructed her lawyers to seek an order to attach her property.
Chitereka further said her lawyer had gone further and researched on the legal authorities cited by Boka's lawyer in justifying her exorbitant claim in US dollars which she had obtained in default, and established that the awards ranged between ZWL$4 000 and ZWL$8 000.
Chitereka further said she also realised that in appreciation of the currency in which the judgment was granted to Boka, the latter would walk away with over ZWL$125 000.
Source - newsday
