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Court awards doctor US$6,300 in broken relationship dispute
4 hrs ago |
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A young medical doctor who claimed she was promised marriage by her lover has been awarded US$6,300 in compensation after the High Court ruled on a dispute arising from their ended relationship.
The High Court in Harare dismissed Nancy Fungai Tsuro's claim that Tinashe Francis Mupindu had made a binding promise to marry her, but ordered him to contribute towards pregnancy-related expenses and financial strain linked to their child.
The court heard that the two had been in a four-year relationship that began on an online dating platform and developed into what Tsuro believed was a committed union leading to marriage.
Tsuro told the court that Mupindu allegedly proposed marriage and encouraged her to conceive a child as part of their future plans. She also claimed he introduced her to her relatives in what she understood as a traditional step towards formalising marriage.
However, Justice Fatima Maxwell found that the evidence, including WhatsApp messages presented before the court, did not support the existence of a binding promise to marry.
"The totality of the above evidence and the WhatsApp chats produced in evidence lead to the conclusion that the defendant did not promise to marry the plaintiff," the judge ruled.
The court noted inconsistencies in Tsuro's version of events and found that some messages suggested the family visit may have been related to the pregnancy rather than marriage negotiations.
Mupindu, in his defence, said the relationship had been unstable and characterised by repeated break-ups and reconciliations. He denied ever committing to marriage, saying discussions on the subject were not intended as formal promises.
Court records also revealed that Mupindu had children with other women during the course of the relationship.
Although the court rejected the breach-of-promise claim, it acknowledged that Tsuro bore the bulk of the financial and physical burden of the pregnancy.
Justice Maxwell ordered Mupindu to pay US$1,300 towards pregnancy-related costs and an additional US$5,000 in damages for financial strain suffered by Tsuro.
The ruling highlights the increasing role of digital communication, including WhatsApp messages, in determining the outcome of modern relationship disputes before the courts.
The High Court in Harare dismissed Nancy Fungai Tsuro's claim that Tinashe Francis Mupindu had made a binding promise to marry her, but ordered him to contribute towards pregnancy-related expenses and financial strain linked to their child.
The court heard that the two had been in a four-year relationship that began on an online dating platform and developed into what Tsuro believed was a committed union leading to marriage.
Tsuro told the court that Mupindu allegedly proposed marriage and encouraged her to conceive a child as part of their future plans. She also claimed he introduced her to her relatives in what she understood as a traditional step towards formalising marriage.
However, Justice Fatima Maxwell found that the evidence, including WhatsApp messages presented before the court, did not support the existence of a binding promise to marry.
"The totality of the above evidence and the WhatsApp chats produced in evidence lead to the conclusion that the defendant did not promise to marry the plaintiff," the judge ruled.
Mupindu, in his defence, said the relationship had been unstable and characterised by repeated break-ups and reconciliations. He denied ever committing to marriage, saying discussions on the subject were not intended as formal promises.
Court records also revealed that Mupindu had children with other women during the course of the relationship.
Although the court rejected the breach-of-promise claim, it acknowledged that Tsuro bore the bulk of the financial and physical burden of the pregnancy.
Justice Maxwell ordered Mupindu to pay US$1,300 towards pregnancy-related costs and an additional US$5,000 in damages for financial strain suffered by Tsuro.
The ruling highlights the increasing role of digital communication, including WhatsApp messages, in determining the outcome of modern relationship disputes before the courts.
Source - BMetro
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