Online Reporter
Mathew Masinge
A WOMAN has been slapped with US$20 000 in adultery damages for having an affair with the husband of a businesswoman.
Enery Madzima was ordered to pay the damages by High Court judge Justice Emilia Muchawa.
Plaxcedes Taoneyi (nee) Chidembo accused her of having an adulterous relationship with her husband Kudakwashe Taoneyi.
Plaxcedes and Kudakwashe have been married since 2005, in terms of the then Marriages Act (Chapter 5:11).
Justice Muchawa granted Plaxedes US$10 000 for the idignity and US$10 000 for the loss of comfort, society and services caused by the adulterous affair.
In her application, Plaxcedes told the court that she had come to know Enery after she complained about a job done for her, which she deemed unsatisfactory.
The two became friends before Enery started having an adulterous relationship with her husband.
Plaxcedes said she was no longer enjoying her conjugal rights with Kudakwashe who boasts of quenching his sexual appetite with Enery while also coming home in the early hours of the morning every day.
She also claimed Kudakwashe now taunts her and emotionally abuses her as he boasts of his sexual escapades with Enery.
However, Enery who operates a restaurant in Harare, claimed she met Kudakwashe at her business outlet in 2022 before the two fell in love and engaged to marry on December 27 the same year.
Enery claimed Kudakwashe never wore his wedding ring, lied to her that he was a recent divorcee who stayed with his school-going children and a maid.
She also denied knowledge of the couple’s marriage and ever cohabiting with Kudakwashe.
In January 2023, Plaxcedes found out about the affair and the couple had a meeting with Enery, who was already pregnant at the time.
She was told to stay away from Kudakwashe and made to surrender the engagement ring before the couple’s pastor.
After cutting ties, she claims Kudakwashe called her with a different number under the impression that he wanted to return her US$150, she went to his home in Chitungwiza where a scuffle between her and Plaxcedes ensued.
Enery lodged a police report for assault and damage to her phone against Plaxcedes, which was later dismissed before the courts.
Justice Muchawa said Enery was not a credible witness and her version of events was not credible.”
A witness who lies like Enery is not a credible witness and is manifestly unreliable. She cannot be credible in one breath and not credible in other respects.
“It is my finding therefore that at the time Enery got into an affair with the Plaxcedes’s husband, she was aware of the existence of their monogamous marriage.
“Given my thorough assessment of the factors to be considered in quantifying adultery damages, the conduct by Enery and all the circumstances of this case, it is my considered view that this is a case requiring deterrent measures to those who may be like minded to her,” ruled Justice Muchawa.
