Magistrate sues hubby’s mistress for adultery

A magistrate, Sandra Mupindu is suing her husband’s mistress, Catherine Tatenda Chitopota, accusing her of snatching him.

Mupindu has filed a summons with the High Court claiming damages for loss of contumelia and consortium.

However, the alleged mistress tried to evade the lawsuit after showing no intention to stop the affair.

Chitopota has sired three kids with the magistrate’s husband Simon Mupindu who she now lives with.

Chitopota excepted to the allegations pleading that the matter is prescribed.

She excepted to the declaration telling court that Mupindu condoned the adultery and was compensated under the customary law.

Chitopota also said Simon was supposed to be joined to the proceedings.

She argued that Mupindu became aware of her relationship with Simon in 2014 therefore her course of action crystallised then.

She told court that Mupindu demanded customary compensation, which was received by both her relatives and herself.

Mupindu hit back, arguing that defense does not apply to a continuing wrong.

Mupindu also disputed that there was no jointer, adding that she does not need the non-joined party to prove adultery.

In deciding the case, High Court Judge Fatima Maxwell said a claim for damages prescribe depending on the circumstances.

“In my view, adultery damages, the cause of action is complete when sexual intercourse takes place.

“In casu, that act is said to have taken place in 2024.

“However, plaintiff stated that it was not a one-off incident. Sexual liaison continued even after the summons were issued, and plaintiff position which was not disputed, was that the acts were happening even when the matter is being prosecuted.

“According to her, defendant seems not to have an intention of ceasing such sexual liaison,” the court noted.

The judge said it, therefore follows that the portions of the claim which relate to adultery that occurred more than three years prior to the commencement of the action are whittled away.

“However, as it was not disputed that the acts of sexual intercourse are continuing, the defense of prescription cannot succeed.”

Maxwell ruled, “No cause or matter shall be defeated by reason of the misjoinder or non-joinder of any party and the court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter”.

“The Plaintiff’s claim therefore, cannot be dismissed because of non-joinder.

“In any event, the Plaintiff stated that she does not need the non-joined party to prove her case.

“The exceptions raised are not dispositive of the matter. The special plea has not succeeded. The matter must therefore proceed.”

In her declaration, Mupindu stated that the defendant intruded into the marriage institution between herself and her husband sometime in 2014 and proceeded to engage in a sexual relationship with her husband.

Mupindu claimed was despite Chitopota’s knowledge of the romantic and peaceful marriage relationship existing between the plaintiff and her husband.

She further stated that three children were born to Chitopota, having been sired by her husband.

Further that Chitopota has contributed to causing her husband to move out of the matrimonial home to stay with her.