High Court grants record US$25 000 adultery damages

MASVINGO – In a record adultery damages claim granted in Zimbabwe, Harare High Court judge, Justice Joel Mambara has given US$25 000 to AFM Church elder and retired GZU lecturer, Dr Viola Dhudhla.
Dhudhla sued her husband’s mistress Euginia Machaya, a mere villager in Chiredzi for US$50 000 for loss of consortium (collapse of marriage due to the role played by another party) and contumelia (indignity, insult and harsh treatment suffered).
Justice Mambara noted that the highest damages given for adultery so far is US$20 000 and he went further to put the burden of the cost of the suit on the defendant.
Dhudhla told Justice Mambara that her husband, Augustus Ratidzo Machingura, a war veteran and sugarcane farmer in Chiredzi has stripped her of all spousal rights and surrendered them to Machaya. He took away a Mitsubishi Colt used by the applicant, leaving her to travel on public transport and went on to buy the defendant a new vehicle, a Toyota Allion.
She said the pain she suffered as Machaya came into her marriage is like a sharp knife cutting through her heart. Machingura removed the applicant as a signatory to business bank accounts and replaced her with his mistress. He even removed the applicant, their children and grandchildren from a Tongaat Huletts Medical Aid and added her mistress, their two children and children that Machaya had in an earlier relationship.
Dhudhla who says her health is ailing due to age, depression, diabetes and hypertension had to fight for maintenance in the court and that’s what she survives on while her husband now stays with Machaya in Gutu. Machingura absconds on the maintenance and was arrested for that.
Justice Mambara said for the US$25 000; US$16 000 is for contumelia and US$9 000 is for loss of consortium. While giving judgment on the case which was unopposed, the judge noted the total lack of contrition on the part of the defendant, wrecking a stable marriage of 41 years, and the flagrant nature of the adultery that resulted in the birth of two children.
Dhudhla was represented by Pauline Chimwanda of Saratoga Makausi Law Chambers.
“The court is satisfied that an award modestly above the most recent ceiling of US$20 000 is justified to reflect the changing economic realities and the egregious facts of this case,” said Justice Mambara. “From 2019 when I became aware of the adulterous relationship, I have been in and out of hospital due to diabetes, depression and hypertension.

“I submit that, due to the respondent’s actions my 41-years-old marriage with my husband is now at the verge of collapsing. I have suffered injury, insult, loss of dignity and integrity in society. Respondent has managed to isolate my husband from our children and grandchildren. The relationship between my husband and respondent and our children is deteriorating since he no longer comes homes or neither does he call them,” said Dhudhla.
Masvingo Mirror