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Boka wins USD$50 000 adultery damages

by Staff reporter
08 Mar 2019 at 10:26hrs | Views
Harare businesswoman Rudo Boka Mutambanengwe has been granted a USD$50 000 adultery damages compensation after a woman who snatched her husband failed to defend the litigation.

Through her lawyer, Advocate Thabani Mpofu, Boka filed summons on October 26, 2018, in a bid to compel Lorraine Chitereka to compensate her and at the same time desist from continuing with her adulterous relationship with her husband, Noah Mutambanengwe.

In her declaration filed alongside the summons, Boka insisted Chitereka, had been living "in open adultery as husband and wife" with Mutambanengwe, whom she said she wedded on August 8, 2015 in Harare.

However, on February 19, 2019, after realising that Chitereka had not bothered to defend the claim, which initially was for USD100 000, Boka again petitioned the High Court, seeking a default judgment against Chitereka and the matter was heard before Justice Clement Phiri.

"Whereupon after reading documents filed of record and hearing counsel, it is ordered that: defendant (Chitereka) shall pay to plaintiff (Boka) the sum of US$25 000 for contumelia, US$25 000 for loss of comfort, companionship and services of her spouse," the judge ruled.

"The defendant shall pay interest on the sums set out in paragraph one and two above at the prescribed rate calculated from date of judgment and defendant shall pay costs of suit on a higher scale of legal practitioner and client."

In her declaration, Boka said on diverse occasions and places since August 2017, Chitereka and Mutambanengwe went into an adulterous relationship and lived as husband and wife.

Boka said Chitereka had ignored her pleas to stop the relationship.

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Source - newsday

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