News / National
Man claims $10,000 adultery damages
25 Oct 2018 at 16:04hrs | Views
A DAMOFALLS man has claimed $10 000 adultery damages from another man who he alleged was having an affair with his wife.
Philip Typhoid was dragged to the Harare Civil Court for adultery damages by Enoce Dziva.
Dziva told the court that he discovered that his wife was having an affair and investigated it until he caught the two.
Dziva caught the two on 20 May this year with the help of two police officers from Harare Central police station.
Philip and Nancy Nhundu (the wife) are said to have had a sexual encounter at a lodge in Harare on the 9th of May after Nancy had lied to her husband for not being in town.
He also said the two were interrogated at the police station and admitted that they were having an affair with full knowledge of their marital statuses.
Dziva told the court that Philip has caused problems in his marriage as he lost trust, companionship with his wife and their sexual relationship had deteriorated due to the incident.
He also said Philip was not ashamed of dating a married woman and continues to call her even after the police incident.
Upon cross-examination, Philip's lawyer argued that Dziva could not be paid because it is a matter of prostitution.
He said the two were lovers who were agreeing on everything they were doing and it is the wife who gave the defendant her phone number.
She is also the one to be responsible and honest to her husband to protect her marriage but she goes on to date and have sexual intercourse with another man knowing fully well that she is married.
The wife also received $50 from the defendant and it is like he paid a prostitute so they are both to blame.
Dziva cannot claim $10 000 adultery damages since Philip and Nancy were in total agreement of what transpired between them.
Nancy who was Dziva's witness admitted to having an affair with Philip and said if they had not been caught, they would still be dating.
She also said it was Philip who booked a room at the lodge.
Magistrate Milton Serima postponed the matter to November 6 where he will deliver a ruling for the case.
Philip Typhoid was dragged to the Harare Civil Court for adultery damages by Enoce Dziva.
Dziva told the court that he discovered that his wife was having an affair and investigated it until he caught the two.
Dziva caught the two on 20 May this year with the help of two police officers from Harare Central police station.
Philip and Nancy Nhundu (the wife) are said to have had a sexual encounter at a lodge in Harare on the 9th of May after Nancy had lied to her husband for not being in town.
He also said the two were interrogated at the police station and admitted that they were having an affair with full knowledge of their marital statuses.
Dziva told the court that Philip has caused problems in his marriage as he lost trust, companionship with his wife and their sexual relationship had deteriorated due to the incident.
He also said Philip was not ashamed of dating a married woman and continues to call her even after the police incident.
Upon cross-examination, Philip's lawyer argued that Dziva could not be paid because it is a matter of prostitution.
He said the two were lovers who were agreeing on everything they were doing and it is the wife who gave the defendant her phone number.
She is also the one to be responsible and honest to her husband to protect her marriage but she goes on to date and have sexual intercourse with another man knowing fully well that she is married.
The wife also received $50 from the defendant and it is like he paid a prostitute so they are both to blame.
Dziva cannot claim $10 000 adultery damages since Philip and Nancy were in total agreement of what transpired between them.
Nancy who was Dziva's witness admitted to having an affair with Philip and said if they had not been caught, they would still be dating.
She also said it was Philip who booked a room at the lodge.
Magistrate Milton Serima postponed the matter to November 6 where he will deliver a ruling for the case.
Source - hmetro
