News / National
Wife awarded $1500 damages after suing hubby's small house
04 Aug 2012 at 06:35hrs | Views
A 34-year-old Gweru woman, Florence Nhokodi, who was recently ordered to pay $1 500 as adultery damages to her lover's wife has since approached the High Court challenging the ruling on the matter.
Nhokodi is a teacher based in Chegutu.
Mrs Tarisiro Janet Mapfumo of Mkoba Village 17, who is the plaintiff, had successfully sued Nhokodi for flirting and bearing two children with her husband, Mr Philip Mapfumo.
Mrs Mapfumo and her husband, Mr Philip Mapfumo, were married about 15 years ago under the then Chapter 37 marriage law.
In her appeal, Nhokodi is arguing that the ruling to pay Mrs Mapfumo the $1 500 was not justified.
"Be pleased to take notice that the appellant, being dissatisfied with the judgment of the magistrate that defendant is ordered to pay $1 500 as adultery damages to plaintiff delivered on 9 July 2012 hereby appeals against the judgment," read part of the appeal, which Nhokodi handed through her lawyers, Mr Hillary Garikayi of Garikayi and Company Legal Practitioners.
Nhokodi argued that she had been staying with Mr Mapfumo, an engineer with the National Railways of Zimbabwe, for 10 years with no woman claiming him as her husband.
"The learned magistrate ought to have realised that the 10 years appellant stayed with the man at the centre of the dispute without any woman claiming to be his wife actually confirmed what the man has told her that he was a divorcee," read part of the letter of appeal.
Mrs Mapfumo confirmed having received the letter of appeal from her rival, Nhokodi.
She, however, said she had already received part of the $1 500 money the magistrate awarded to her in the ruling.
"I am actually surprised that Nhokodi has taken the case further yet she has already deposited part of the money, which was awarded as damages. I will only wait to be informed and be guided by the courts on any new developments since the matter is now back before the courts again," she said.
Source - Byo24news