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Masvingo High Court
Tatyana Shamhu v Ancercaria Taderera
HMA 01-23
Case Details
Court
Masvingo High Court
Date
25 January 2023
Citation
HMA 01-23
Neutral Citation
[2023] ZWHMA 01
Outcome
unknown
Case Type
Trial
Bench
Presiding
Zisengwe J
Full Bench
Zisengwe J
Areas of Law
DelictFamily Law
Keywords
adulterycontumelialoss of consortiumdamagesmarriage
Tags
adulterydelictdamagesmarriage
legislation
Statutes Cited
- Marriage Act, Chapter 5:11
- Marriages Act, Chapter 5:15
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the adulterous relationship continued after 2019","issue_type":"fact","dispositive":"yes","related_facts":"WhatsApp communications, photographs, property transactions"}
- {"issue_text":"Whether the US$5,000 payment constituted compromise for adultery","issue_type":"fact","dispositive":"no","related_facts":"Payment made in 2019, no written agreement on purpose"}
- {"issue_text":"What is the appropriate quantum of damages for adultery","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff's social status, depression, marriage breakdown"}
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background
Facts of the Case
Background
The plaintiff, a Ukrainian national married to a prominent Zimbabwean medical doctor, sued the defendant for adultery damages claiming US$50,000 after discovering the defendant's decade-long adulterous relationship with her husband that produced two children. The defendant admitted the relationship from 2012-2019 but claimed it ended when she discovered the marriage was monogamous, and that she had paid US$5,000 as compromise.
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