News / Local
Son-in-law demands back lobola, court saves in-laws
23 Nov 2023 at 00:44hrs | Views
The High Court intervened to protect the Karoi in-laws, who were pressured by their son-in-law to reimburse him $2,720 paid as bride price for their daughter. The daughter, Shumirai Bandera, was discovered to be involved in an extramarital affair shortly after her marriage to Maxmillan Kondowe in March 2021.
Justices Benjamin Chikowore and Samuel Deme of the High Court allowed Charles Bandera to appeal against the initial magistrate's decision favoring Kondowe's refund claim. Kondowe sought recourse from the Harare Civil Court, obtaining a default judgment when the Banderas failed to defend the case.
The High Court determined that the Banderas were not in willful default, citing the appellant's compliance with the Magistrates Court (Civil) Rules, 2019. The court ruled in favor of Charles Bandera, rescinding the lower court's decision.
The judgment stated, "The appeal is allowed with costs, and it is ordered that the court a quo's judgment of October 21, 2022, be set aside and substituted with the following: The default judgment granted on August 2, 2022, is hereby rescinded."
According to court documents, Kondowe paid lobola for Shumirai Bandera in March 2021, with the understanding that they could only cohabit as husband and wife after the wedding. Kondowe later discovered evidence of his wife's infidelity through text messages, leading Shumirai to allegedly admit to coercing her husband into initiating divorce proceedings before turning to the courts.
Justices Benjamin Chikowore and Samuel Deme of the High Court allowed Charles Bandera to appeal against the initial magistrate's decision favoring Kondowe's refund claim. Kondowe sought recourse from the Harare Civil Court, obtaining a default judgment when the Banderas failed to defend the case.
The High Court determined that the Banderas were not in willful default, citing the appellant's compliance with the Magistrates Court (Civil) Rules, 2019. The court ruled in favor of Charles Bandera, rescinding the lower court's decision.
The judgment stated, "The appeal is allowed with costs, and it is ordered that the court a quo's judgment of October 21, 2022, be set aside and substituted with the following: The default judgment granted on August 2, 2022, is hereby rescinded."
According to court documents, Kondowe paid lobola for Shumirai Bandera in March 2021, with the understanding that they could only cohabit as husband and wife after the wedding. Kondowe later discovered evidence of his wife's infidelity through text messages, leading Shumirai to allegedly admit to coercing her husband into initiating divorce proceedings before turning to the courts.
Source - newzimbabwe
