Chenai Badza v Berita Katsande

HH 48-18

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Case Details

Court

Harare High Court

Date

7 February 2018

Citation

HH 48-18

Neutral Citation

[2018] ZWHH 48

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHITAKUNYE J

Author

NDEWERE J

Full Bench

CHITAKUNYE JNDEWERE J

Areas of Law

Family LawDelict

Keywords

adultery damagescustomary unionmonogamous marriagelobola

Key Issues

{"issue_text":"Whether defendant was customarily married to Dennis before his civil marriage to plaintiff","issue_type":"fact","dispositive":"yes","related_facts":"Defendant's claim of September 2011 lobola; parents' rejection of lobola money"}
{"issue_text":"Whether plaintiff unreasonably delayed in bringing claim","issue_type":"procedural","dispositive":"no","related_facts":"Discovery in January 2013; summons in September 2014"}
{"issue_text":"Whether magistrate properly considered evidence of suffering","issue_type":"law","dispositive":"no","related_facts":"Plaintiff's evidence of desertion; maintenance order; loss of consortium"}

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background

Facts of the Case

Background

The plaintiff sued the defendant for adultery damages claiming $10 000. The defendant had an adulterous relationship with the plaintiff's husband, Dennis Chadzamira, which continued even after summons were issued. The magistrate awarded $7 000 damages. The defendant appealed, claiming she was customarily married to Dennis before his civil marriage to the plaintiff.

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