Chenesai Rateiwa v Tsitsi Shame Venge

HH 152-11

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Case Details

Court

Harare High Court

Date

13 July 2011

Citation

HH 152-11

Neutral Citation

[2011] ZWHH 152

Outcome

unknown

Case Type

Application

Bench

Presiding

BERE J

Full Bench

BERE J

Areas of Law

DelictFamily Law

Keywords

adultery damagescontumelialoss of consortiumdefault judgment

Key Issues

{"issue_text":"What amount of damages should be awarded for contumelia in adultery case","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's humiliating conduct, insulting messages, forcing herself as second wife"}
{"issue_text":"What amount of damages should be awarded for loss of consortium","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant deprived plaintiff of husband's comfort and society"}
{"issue_text":"Whether costs should be awarded on attorney-client scale","issue_type":"procedural","dispositive":"no","related_facts":"Defendant failed to defend and deliberately chose not to respond"}

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background

Facts of the Case

Background

The plaintiff, married under the Marriage Act since December 2003, sued the defendant for adultery damages after discovering in 2004 that the defendant was having an adulterous relationship with her husband. Despite a letter of demand in September 2008, the defendant continued the relationship, had two children with the plaintiff's husband, and engaged in humiliating conduct including insulting messages and forcing herself as a "second wife."

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