Chief orders lobola refund with interest

In a rare ruling, Chief Mutasa has ordered a father-in-law to refund the bride price paid for his daughter, together with 10 percent annual interest, after she left her husband and moved in with his nephew.

The ruling followed a case brought by Aleck Magadu, who sought compensation after his wife, Theresa Zimhuwu (31), abandoned their marriage and began cohabiting with Hambai Muchakuya (38), Magadu's neighbour and nephew.

Chief Mutasa ordered Zimhuwu's parents to repay the undisclosed bride price received from Magadu, with annual interest accruing until the full amount is settled by August 2026.

"The bride price is to be paid back with an annual interest because you wasted his time. He thought he had found his lifetime partner, but instead you cheated on him with his nephew, and went on to stay with him, abandoning your husband and four children," Chief Mutasa said.

He said the order was intended to compensate Magadu after the collapse of the marriage under circumstances that had shocked the court.

Appearing before the traditional court on Saturday, Magadu said he had been left to care for the couple's four children after his wife entered into a relationship with his nephew.

"I never imagined that someone from my own family would stab me in the back in such a manner. Losing my wife was painful enough, but knowing she had gone to my nephew who stays next door to me made the situation even harder to accept," he said.

Magadu told the court that his suspicions began after discovering romantic messages exchanged between his wife and Muchakuya on her mobile phone.

He said when he confronted his nephew, Muchakuya denied the affair and claimed he had merely been using Theresa's phone to communicate with another married woman.

"I chose to believe his explanation because he was a family member. Looking back, I realised that was where everything started," Magadu said.

He alleged that despite repeated confrontations, the relationship continued, with neighbours frequently reporting that the pair spent time together whenever he was away from home.

Magadu further claimed that after his wife was admitted to hospital, doctors informed him she had suffered a miscarriage. However, he said friends later told him she had deliberately terminated the pregnancy, raising doubts over whether the unborn child was his.

"I was left with many unanswered questions because different people were giving different explanations," he said.

In an effort to salvage the marriage, Magadu said he took his wife to Harare, where he was working, but continued to discover messages linking her to Muchakuya.

He told the court that although his wife initially presented him with a divorce token in the presence of both families, the process was interrupted after one of her sisters allegedly grabbed it before proceedings could be concluded.

According to Magadu, the families agreed to continue discussions in May, but before then, Zimhuwu allegedly left the matrimonial home in January and moved in with Muchakuya.

"She did not wait for our families to conclude the matter. She simply left and started staying with him while I remained with our children," he said.

He added that the matter was later reported to Headman Mandeya after villagers alleged Muchakuya had previously been involved in a similar relationship with another neighbour's wife.

Magadu said the headman found Muchakuya liable and ordered him to pay three cattle and three goats in compensation, which he alleged had not been paid.

In her testimony, Zimhuwu admitted that she had fallen in love with Muchakuya before leaving her marriage but denied abandoning her husband without reason.

She accused Magadu of subjecting her to persistent physical abuse throughout their marriage.

"I did not leave because of excitement or money. I left because I felt trapped in an abusive marriage. I was constantly assaulted and eventually decided I could no longer continue living like that," she said.

Zimhuwu also admitted that her relationship with Muchakuya began while she was still legally married.

"Our relationship started while I was still married. After the miscarriage, I made the decision to leave and begin a new life with him," she told the court.

Muchakuya also admitted having an affair with his uncle's wife before she left the marriage.

"Yes, I had an affair with her before she left her husband. Whether the pregnancy she lost belonged to me or to my uncle, I honestly cannot say," he said.

Chief Mutasa criticised Muchakuya for pursuing a married woman, particularly the wife of a close relative.

The traditional leader also advised Magadu to consider DNA tests for all four children, saying the admitted affair had created uncertainty that could only be resolved scientifically.

"The circumstances surrounding this case create uncertainty that should be resolved properly. Scientific testing is the best way to remove any future disputes regarding the children's paternity," Chief Mutasa said.

In addition to ordering the refund of the bride price, Chief Mutasa directed Muchakuya to pay Magadu seven cattle by the end of September 2026. The compensation included one beast for knowingly engaging in a relationship with a married woman, one for exposing Magadu to potential health risks through unprotected sexual relations with his wife, four for taking another man's wife while she remained married, and one specifically because the woman was his uncle's wife.

Muchakuya was also ordered to hand over seven cocks as part of the traditional compensation.