Woman sues husband's mistress for affair
Published: 2013 September 20 22:17:44 (5498 Views)
A Bulawayo woman has dragged to court her husband's mistress also known as "small house" demanding $5 000 adultery damages.
The woman, Mrs Rosemary Muzembe (48) from Nkulumane 12 accused Ms Loveness Zimbandi, a soldier stationed at the Zimbabwe Military Academy in Gweru of snatching her husband Mr Felix Muzembe, also a soldier at the same station.
Mrs Muzembe and Mr Muzembe were married under the Marriage Act, Chapter 5:11 in 1989 and have three children together.
In her affidavit, she claimed that her husband had abandoned her and the children since 2010 because of the affair with Ms Zimbandi who he now has a son with.
The matter was heard at the Civil Court housed at the Tredgold Building by Bulawayo magistrate Ms Sibongile Msipa who granted Mrs Muzembe's application as she ruled that Ms Zimbandi had indeed injured the applicant resulting in her losing "contumelia and consortium" from her legally married husband.
The magistrate also said Mr Muzembe lied to his "small house" that he was a widower and also said the respondent (Ms Zimbandi) should have at least made efforts in the circumstances to inquire about the life history of Mr Muzembe.
"The application is granted, the respondent has to pay the applicant $1 000 for contumelia and $1 000 for loss of consortium. Costs of suit will be on a party to party scale," said Ms Msipa.
Mrs Muzembe was initially demanding $2 500 for time wasted and a further $2 500 for adultery and denial of conjugal rights.
"The defendant started having an affair with my husband Felix Muzembe knowing fully well that I am married to him under Marriage Act Chapter 5:11," said Mrs Muzembe in the application. She said her husband's affair was adulterous in nature as Ms Zimbandi now has a son with her husband.
"The affair has caused me misery and is leading to the breakdown of my family wherefore I pray for an order for the sum of $2 500 being contumelia damages and $2 500 being damages for loss of consortium and an order for payment of costs," she said.
Ms Zimbandi admitted that she had an affair with Mr Muzembe, alleging that he had told her that his wife had died. She told the court that she had made an arrangement to pay Mrs Muzembe $100 at the end of next month and settle the balance by 30 December this year.
"I met Felix in 2010 at work and he told me that his wife died in 2010 but he has three children, two who are now adults while the third one is still a minor and they would visit me.
"I did not know he has a wife in Bulawayo because she has never visited him in Gweru while he also has never went away for me to suspect that he was married. I only got to know about this when I received some summons," said Ms Zimbandi in her defence, adding that she has since moved out of the house she was sharing with Mr Muzembe.
Mrs Muzembe also told the court that her husband had sent her divorce papers because of the affair with Ms Zimbandi.
- Newsbite
The woman, Mrs Rosemary Muzembe (48) from Nkulumane 12 accused Ms Loveness Zimbandi, a soldier stationed at the Zimbabwe Military Academy in Gweru of snatching her husband Mr Felix Muzembe, also a soldier at the same station.
Mrs Muzembe and Mr Muzembe were married under the Marriage Act, Chapter 5:11 in 1989 and have three children together.
In her affidavit, she claimed that her husband had abandoned her and the children since 2010 because of the affair with Ms Zimbandi who he now has a son with.
The matter was heard at the Civil Court housed at the Tredgold Building by Bulawayo magistrate Ms Sibongile Msipa who granted Mrs Muzembe's application as she ruled that Ms Zimbandi had indeed injured the applicant resulting in her losing "contumelia and consortium" from her legally married husband.
The magistrate also said Mr Muzembe lied to his "small house" that he was a widower and also said the respondent (Ms Zimbandi) should have at least made efforts in the circumstances to inquire about the life history of Mr Muzembe.
"The application is granted, the respondent has to pay the applicant $1 000 for contumelia and $1 000 for loss of consortium. Costs of suit will be on a party to party scale," said Ms Msipa.
Mrs Muzembe was initially demanding $2 500 for time wasted and a further $2 500 for adultery and denial of conjugal rights.
"The defendant started having an affair with my husband Felix Muzembe knowing fully well that I am married to him under Marriage Act Chapter 5:11," said Mrs Muzembe in the application. She said her husband's affair was adulterous in nature as Ms Zimbandi now has a son with her husband.
"The affair has caused me misery and is leading to the breakdown of my family wherefore I pray for an order for the sum of $2 500 being contumelia damages and $2 500 being damages for loss of consortium and an order for payment of costs," she said.
Ms Zimbandi admitted that she had an affair with Mr Muzembe, alleging that he had told her that his wife had died. She told the court that she had made an arrangement to pay Mrs Muzembe $100 at the end of next month and settle the balance by 30 December this year.
"I met Felix in 2010 at work and he told me that his wife died in 2010 but he has three children, two who are now adults while the third one is still a minor and they would visit me.
"I did not know he has a wife in Bulawayo because she has never visited him in Gweru while he also has never went away for me to suspect that he was married. I only got to know about this when I received some summons," said Ms Zimbandi in her defence, adding that she has since moved out of the house she was sharing with Mr Muzembe.
Mrs Muzembe also told the court that her husband had sent her divorce papers because of the affair with Ms Zimbandi.
- Newsbite
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