By Nyore Madzianike
Adlife Beverages executive director Amon Mapiye, who discovered that his wife had a child with another man following DNA tests, wants $60 000 in adultery damages from the biological father.
Mapiye is claiming $30 000 for loss of consortium and another $30 000 for ‘contumelia’ from Innocent Mudyiwa.
In his court papers filed at the High Court, Mapiye claimed Mudyiwa was having an adulterous relationship with his wife, Nomsa Faith Mapiye. He is being represented by lawyer Mr Moses Nyatsoma of Zvinavakobvu Law Chambers.
“Because of the adulterous relationship between defendant and the plaintiff’s wife, a child was born and the plaintiff had to incur financial losses approximately to $10 000 arising from four years looking after the child born as a result of the adulterous relationship since he was of the view that the child belonged to him up until a time DNA results showed otherwise,” said Mr Nyatsoma.
Mapiye discovered that he was not the biological father of the child after four years.
Mr Nyatsoma also argued that Mudyiwa was married and only decided to have a relationship with his wife to destroy his marriage.
“The defendant intruded in a happy marriage which is shown by the parties having upgraded their marriage from customary law marriage to solemnise their marriage under the Marriage Act,” he said.
“The defendant was aware that the plaintiff was married to Nomsa Faith Mapiye since he would visit their matrimonial house on the pretext that he wanted to buy purified water.”
Mudyiwa filed his notice of appearance to defend himself when he was issued with summons by Mapiye’s lawyers.
He failed to appear in court, which forced Mapiye to instruct his lawyers to apply for a default judgement.
In justifying his application for a default judgment, Mapiye said loss of conjugal rights was aggravatory and justified a higher claim in damages.
“The defendant is unrelenting as he continues with the relationship,â€ he said.
“There is clear evidence of sexual intimacy of unprotected nature given the adulterous relationship led to the birth of a child.
“This obviously comes with the risk of deadly HIV virus. The defendant has not shown any remorse. He has not offered an apology.”
Mapiye and his wife have a pending divorce at the High Court.
Mrs Mapiye, who is believed to have admitted to cheating, once took her husband to Mbare magistrates’ court accusing him of pointing a gun at her.
The parties are expected back at the High Court tomorrow for a ruling on Mapiye’s application for a default judgment.
Meanwhile, the United Methodist reverend who was caught in the company of a married woman and drove his car while the husband clung onto the bonnet was yesterday sentenced to 525 hours of community service, writes Fungai Lupande.
Eliot Chikwenjere (47) pleaded not guilty to attempted murder, but was convicted of a lesser charge of assault.
The cleric will perform the community service at St Martin’s Secondary School in Kadoma.
In passing the sentence, magistrate Mr Temba Kuwanda considered that it was the complainant, David Gwarazimba, who had jumped onto the bonnet.
The trial had to be adjourned when Gwarazimba (47) wept uncontrollably while testifying.
Gwarazimba said he became suspicious when his wife received a call from Chikwenjere while on their way to the city centre.
He said the number was saved under another name and Chikwenjere arranged with his wife to meet alongAlbion Street. Gwarazimba said he insisted on accompanying his wife, but she refused.
He then trailed her and saw her kissing Chikwenjere while they were seated in the car.
Gwarazimba said Chikwenjere was fleeing when he hit him with the car and he fell on the bonnet.
In his defence, Chikwenjere said Gwarazimba was aggressive and attacked him first.
He added that Gwarazimba was shouting that he wanted to kill him and smashed his windscreen.
“I drove off with him on the bonnet because I feared for my safety from him and the mob,” said Chikwenjere.
Prosecutor Ms Valerie Ngoma said on June 12 this year around midday Gwarazimba saw his wife, Patience Tambudzai, sitting in the car with Chikwenjere.
The car, a Mitsubishi Grandis, was parked along Kaguvi Street and Rekayi Tangwena Avenue.
Gwarazimba suspected the reverend of having an adulterous affair with his wife and he jumped onto the bonnet.
Chikwenjere started the vehicle and drove sideways along Kaguvi Street, while Gwarazimba clung on the wipers for his life.
He later fell on the tarmac and was injured, before being rushed to Parirenyatwa Hospital. The Herald
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