Rita Sekesai Chiwandamira v Josephine Mupandawana

HH 06/11

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Case Details

Court

Harare High Court

Date

12 January 2011

Citation

HH 06/11

Neutral Citation

[2011] ZWHH 06

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHATUKUTA J

Full Bench

CHATUKUTA J

Areas of Law

Family LawDelict

Keywords

adultery damagesloss of consortiumcontumeliamarriagecondonation

Key Issues

{"issue_text":"Whether the defendant's tender of ZW$400 billion discharged her liability","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant tendered exact amount claimed; plaintiff's lawyers received and retained money"}
{"issue_text":"Whether the plaintiff was entitled to adultery damages given the state of her marriage","issue_type":"mixed","dispositive":"no","related_facts":"Marriage had broken down; Stanley had other relationships; plaintiff may have condoned"}

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background

Facts of the Case

Background

The plaintiff claimed adultery damages against the defendant for allegedly committing adultery with her husband from 1981 to 2008. The defendant admitted to a brief relationship in 1981-1982 but denied continuous adultery. The court found that the defendant had tendered the full amount claimed (ZW$400 billion) which was accepted by the plaintiff's legal practitioners, making the trial unnecessary.

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