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New lease of life for defaulting small house

by Staff Reporter
04 Jan 2014 at 10:49hrs | Views
A SUSPECTED small house whose property was expected to go under the hammer after she allegedly failed to pay $5 000 adultery damages after being sued by her lover's wife, heaved a huge sigh of relief after the court granted her application for stay of execution.

This means that the Messenger of Court would not attach Nomsa Sibanda of Nketa 7's property for auctioning until the court hears her application for a recision of judgment which was passed on 21 October in favour of her rival Ronia Chimulca of ZRP Tshabalala

Chimuka was initially awarded $5 000 as compensation for her dignity which she claimed was impaired by Nomsa who dated her husband of two years.

The illicit association she stated was blessed with a child.

She further stated that the defendant Nomsa has illicitly associated and engaged with her husband in an adulterous sexual relationship well knowing his marital status and despite several pleas directed at her to end the adulterous affair.

Chimuka claimed she suffered emotional distress after Nomsa went on to claim maintenance for the "illegitimate" child.

"Wherefore plaintiff's claim against defendant is the sum of $2 500 contimulia damages suffered by the plaintiff as a result of the defendant's unlawful malicious and illicit association with the plaintiff's husband well knowing of the plaintiff's husband's marital status.

"An order for the payment in the sum of S2 500 being damages for loss of consortium, society, love, companionship and association her spouse was providing before the defendant's unlawful malicious and illicit association with the plaintiff's husband well knowing his marital status", reads part of her summons.

Responding to the claim, Nomsa said the plaintiff's husband never mentioned to her that he was married and was not even wearing on his wedding ring every time he was visiting her.

"The applicant's husband never mentioned that he is married, neither did he put his ring every time he visits me. Also the plaintiff's husband seemed to be serious with the relationship that I didn't suspect that he is married. He used to visit me with my sister telling her that he wanted to marry me.

"I pray that the court should refuse to condone the attachment of my property under case number 2945/13 and in fact stay such attachment or execution until my application for recision of judgment is considered. I am struggling to raise my child as a single mother and I would suffer great prejudice and irreparable harm should any property of mine be attached where default judgment (on 21 October) was erroneously granted' stated Nomsa.

Her prayers were answered when the court granted her application for stay of execution until the consideration of her application for recision of judgment which she claimed was erroneously granted.

Source - B-Metro