Woman wins US$20 000 adultery damages

Fidelis Munyoro

Chief Court Reporter

Harare woman Ms Plaxedes Taoneyi has achieved a remarkable legal victory after securing US$20 000 in damages against her husband’s mistress, Enery Madzima, in a case that will send a powerful message about respecting the sanctity of marriage and making it clear that the High Court regards awarding adultery damages as a live legal process.

This case is not just about monetary compensation, it is about the profound emotional and social toll that adultery inflicts on innocent spouses and families.

Justice Emelia Muchawa’s ruling underscores the significance of marriage as a solid bond, one that deserves protection from those who seek to undermine it.

Ms Taoneyi, married to her husband Kudakwashe Taoneyi since 2005, had her life turned upside down when she discovered his affair with Madzima.

The relationship began under the guise of business dealings when Madzima became a client of their family business.

What followed was a series of events that shattered Ms Taoneyi’s trust and brought public humiliation to her doorstep.

From phone calls and meetings to church encounters and family interactions, the affair became increasingly evident.

The tipping point came in December 2022, when Ms Taoneyi discovered a WhatsApp status posted by Madzima, showing her husband holding Madzima’s hand, alongside a caption thanking him for a birthday gift.

This revelation confirmed her worst fears.

Ms Taoneyi described in court the devastating impact this affair has had on her life.

Once a woman who enjoyed her husband’s love, companionship, and support, she now finds herself neglected and emotionally abused. Her husband no longer provides the same care for their children and openly boasts about his relationship with Madzima, even claiming to be “waiting to move on” once the legal proceedings are over.

 The emotional distress caused by the affair extends beyond the home.

Ms Taoneyi recounted the humiliation she suffered in her church community, where she and her husband were once respected leaders.

 The affair led to their demotion from leadership roles and tarnished their reputation among congregants.

In her workplace and social circles, where she and her husband were seen as a model couple, she now faces pity and judgment.

Madzima’s actions further compounded Ms Taoneyi’s pain.

She publicly flaunted her relationship with Kudakwashe, posting compromising photos and creating scenes that invaded Ms Taoneyi’s privacy and dignity.

 On one occasion, Madzima went to Ms Taoneyi’s home, shouting obscenities and banging on the gate, drawing a mob of onlookers.

She also filed a false assault complaint against Ms Taoneyi, dragging her through the courts for months before the case was dismissed. The actions not only violated Ms Taoneyi’s peace of mind but also disrupted her life and work, adding to her suffering.

Despite the overwhelming evidence, Madzima attempted to deny knowledge of Kudakwashe’s marriage, claiming he had presented himself as a divorcee.

 However, her version of events was riddled with inconsistencies and implausible explanations.

 Justice Muchawa found her to be an unreliable witness, noting her attempts to manipulate the truth and shift blame.

 The court determined that Madzima was fully aware of Kudakwashe’s marriage at the time of their relationship and continued the affair with no regard for the consequences.

In her ruling, Justice Muchawa articulated the importance of protecting the institution of marriage.

“There can be no doubt that in this case there was infringement of the plaintiff’s privacy, dignity and reputation,” ruled the judge.

“It is also clear that the plaintiff is a well-respected woman in her family, workplace, community and church. Her good standing was tarnished by the defendant’s conduct.”

On the other hand, she remarked, “Defendant’s character of violence where one has the foolhardiness to go to the home of a woman whose husband she is in an affair with, leaves a lot to be desired.

“She even had the guts to report the same woman for an assault, harassing her further in the process for a good six months.”

Adultery damages, Justice Muchawa explained, serve to uphold the sanctity of this unique contract between two individuals.

Ms Taoneyi was awarded US$10 000 for loss of consortium, representing the loss of love, companionship, and support, and US$10 000 for contumelia, which addresses the violation of her dignity, privacy, and reputation.

 The court considered several factors in determining the award, including Madzima’s lack of remorse, her disruptive conduct, and the need for deterrent measures to prevent similar actions in the future.

There had been legal arguments that suing for adultery damages was old fashioned as to have become moribound but Justice Muchawa’s ruling, unless it is overturned in the Supreme Court, is a powerful affirmation of the marriage principles, offering hope to those who have suffered in similar circumstances.