Hubby sues wife's 'lover' for stealing affection

Andrew Mwandayi of Harare is suing his wife's alleged lover, Thomas Chirinda Chimukokelo for US$100 000 accusing him of impregnating her in an adulterous relationship in 2009.

Mwandayi is also accusing Chimukokelo of stealing love and affection of his wife - Constance Lewis.

In a lawsuit filed at the High Court this week, Mwandayi said he was customarily married to his wife who works at Ebony Hair Salon in Harare.

In his affidavit, Mwandayi averred that the adulterous relationship, which started sometime in 2009, has irreparably rocked and damaged his life and family.

"I have lost the love, affection and companionship of my wife.

"The situation has also caused me much distress and embarrassment in my family," he submitted.
Through his lawyers Machinga and Partners, Mwandayi said his wife and children as well as the housemaid were taken away to Mabelreign in December 2010 by Chimukokelo.

"The defendant has taken away the plaintiff's wife and children including the house maid and has gone further to impregnate the plaintiff's wife," the court papers read.

Mwandayi said he no longer has time or access to his children.

"The defendant (Chimukokelo) has belittled me so much that he has directly caused misery in my life through his ruinous acts to my family with no regards whatsoever to my feelings," he submitted.
Further, Mwandayi averred that Chimukelelo had nothing to say in defence as he was aware that the woman he was having an affair with and now cohabiting with was his wife.

He claimed that he had on several occasions seen his wife in the company of Chimukokelo.
At one time on October 13, 2010, Mwandayi said around 3am Chimukokelo dropped off his wife at their house in a Mazda registration number AAQ 1248.

He said he quizzed his wife but she claimed it was a taxi. On October 23, at Ranch House College in Harare, Mwandayi said he had spotted Chimukokelo in his car and when he went to confront him he sped off.
Further, Mwandayi averred that his wife's adulterous relationship was exposed sometime in April 2010 when she came back late around 2am very drunk.
"The defendant also at one time insulted the plaintiff over the phone and bragged about his adulterous relationship with plaintiff's wife after the plaintiff answered one of defendants calls," stated the court papers.

After the incident, he said his wife started sleeping out or would not come home claiming she was working overtime.
Mwandayi claimed he confronted his wife at her workplace leading to a fight.

"The defendant is liable and should therefore be ordered to pay adultery damages as claimed in this matter," he said.
However, Chimukokelo in his defence denied ever being in an adulterous relationship with Mr Mwandayi's wife.

"The defendant denies ever being in an adulterous relationship with the plaintiff's wife and that plaintiff's wife ever told her she was customarily married to plaintiff," he submitted.

He said he was not aware of the drunkenness nature of Mr Mwandayi's wife and has never been with her on the occasions that she is alleged to have gone home late.

"The defendant denies that he is in an adulterous affair with the said Constance Lewis. Plaintiff has no justification to claim for damages as claimed since the defendant did not commit adultery with plaintiff's wife or cause the disintegration or breakdown of his marriage," Mr Chimukokelo said.

According to pre-trial conference minutes, the case would go for trial in due course in the Family Court.
The court will seek to establish whether Chimukokelo was aware that Mwandayi and Lewis were husband and wife in an unregistered customary law union.

The court will also consider whether the relationship between Chimukokelo and Mwandayi's wife is an adulterous relationship.
Also to be considered is whether Mwandayi is entitled to damages as claimed in his summons and declaration as well as quantum of the damages.