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Delictual Damages re: Adultery Damages

HB119-09 : CALLETA GWATIRINGA vs ANASTASIA MATAKE
Ruled By: CHEDA J

The claim was for US$5,000=. Adultery damages are claimable on two separate claims, contumelia (injury) and consortium (loss of comfort). Upon perusal of the record, I formed the opinion that the quantum was rather on the higher side, bearing in mind the circumstances of the matter. The question for determination in this matter is that of quantum. While there is no ...
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HH175-10 : CHIPO DERA vs CYNTHIA KAMBEZA
Ruled By: KUDYA J

The plaintiff sought US$5,500= as damages for both loss of consortium and contumelia. Loss of consortium involves the loss of companionship, love, affection, comfort and services.She testified that her husband stopped from coming home. When he was away from home she was deprived of his attention. He eventually permanently deserted her, and, thereafter, instituted the pending ...
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HH06-11 : RITA SEKESAI CHIWANDAMIRA vs JOSEPHINE MUPANDAWANA
Ruled By: CHATUKUTA J

The plaintiff issued summons on 10 March 2008 claiming from the defendant adultery damages in the sum of ZW$400 billion, being a sum of Z$200 billion for contumelia and a sum of Z$200 billion for loss of consortium…..,.Loss of ConsortiumIt is not in issue that a wife has a right to the consortium of ...
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HH152-11 : CHENESAI RATEIWA vs TSITSI SHAME VENGE
Ruled By: BERE J

For purposes of this judgment, I will refer to the applicant as the plaintiff and to the respondent as the defendant. The plaintiff issued summons out of this court seeking adultery damages of $20,000= (twenty thousand dollars) and cost of suit on a legal practitioner and client scale. The amount of claim was broken ...
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HB01-10 : CHIPO JHAMBA vs ALETA V. MUGWISI
Ruled By: CHEDA J

This is an application for a default judgment for adultery damages.On the 26th of November 2008, the plaintiff sued for adultery damages in the sum of US$50,000. I granted the application for default but amended the claim to US$500 with an undertaking to give my reasons for the reduction of ...
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HH137-11 : MARTHA MUHWATI vs YEUKAI PURITY NYAMA
Ruled By: MAWADZE J

The brief facts of the matter may be summarised as follows: The plaintiff (now the applicant) issued summons out of this court on 12 March 2010 seeking adultery damages in the sum of US$20,000= against the defendant (now the respondent). The plaintiff's prayer, as captured in the declaration, paragraph 9, is as follows: “Whereof the plaintiff ...
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HH276-14 : JOHN GORE vs SIMON CHIWARE
Ruled By: UCHENA J and MWAYERA J

The appeal was occasioned by an award of adultery damages of $2,200= or delivery of 5 herd of cattle by Chivi Magistrates Court on 14 March 2013. The court a quo upheld the determination of the Chivi Chief on award of adultery damages. Irked by the confirmation of the quantum of damages, the appellant ...
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HH174-16 : BASIL MAKURURU vs DERICK VORI
Ruled By: MWAYERA J

The applicant instituted action proceedings against the defendant claiming adultery damages being $4,000= for contumelia and $7,000 for consortuium.The defendant did not enter an appearance to defendant and the dies inducie having expired the applicant filed the current unopposed application.The background to the matter, as outlined by the applicant, is ...
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HH399-18 : AMON MAPIYE vs INNOCENT MUDYIWA
Ruled By: NDEWERE J

The background of the case is that the plaintiff, Amon Mapiye, got into a customary union with his wife, Nomsa Faith Mapiye (nee Mwazha), in 1999. Their union was initially blessed with two children, in May 2001 and 15 October 2005.On 24 April 2007, the plaintiff and his wife solemnised ...
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HH488-14 : JUDITH TIKIWA vs MAKOMBORERO A CHARLIE
Ruled By: CHITAKUNYE J

On 24 April 2012, the plaintiff issued summons against the defendant claiming adultery damages in a total sum of USD25,000 and costs of suit.The plaintiff alleged that the defendant committed adultery with the plaintiff's husband, Major Mejasi Tikiwa, leading to the plaintiff suffering damages in the sums of USD15,000 for ...
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HH37-16 : GEORGINA NJODZI vs LORRAINE MATIONE
Ruled By: MWAYERA J

This matter concerns the status of adultery damages in Zimbabwe in the 21st century. The main issue is whether or not the common law delictual claim for adultery damages is constitutional or unconstitutional.The plaintiff is married to Lawrence Muzvondiwa in terms of the Marriages Act [Chapter 5:11].From about 2012, it ...
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HH76-09 : TIMOTHY CHINYADZA vs MELTON PHIRI
Ruled By: KUDYA J

On 19 September 2008, the plaintiff issued summons out of this court seeking $50 million for adultery damages against the defendant. The defendant denied the allegations in his plea filed of record on 17 December 2008.At the pre-trial conference held on 19 May 2009, the amount claimed was amended, by ...
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HH668-14 : ELIZABETH TANYANYIWA vs LINDIWE HUCHU
Ruled By: CHIGUMBA J

Adultery is defined as "sexual intercourse between two persons of whom one or both are married but who are not married to each other": Sapsford v Sapsford and Furtado (1954) 2 All ER 373; P.M. BROMLEY and N.V. LOWE, Family Law, London, 7th ed. 1987…,; see also S.A. ADESANYA, Laws ...
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