Adultery lawsuit against lawyer's lover to proceed...

Adultery lawsuit against lawyer's lover to proceed

Rutendo Mazhindu

Zim Now Reporter

A Chivhu-based magistrate, Sandra Mupindu, is suing Catherine Tatenda Chitopota, a former intern at her husband’s legal practice, for adultery damages, claiming Chitopota "snatched" her husband, prominent Harare lawyer Simon Mupindu. The magistrate alleges immense emotional distress caused by the affair.

In a High Court application, Sandra Mupindu is seeking damages from Chitopota for both loss of consortium (loss of companionship and support from a spouse) and contumelia (injury to one's dignity or reputation) as a result of the affair. She states in her court papers that her husband now lives with Chitopota.

Chitopota, in response, filed a motion to dismiss the lawsuit, arguing that the magistrate had effectively condoned the affair and that the issues were no longer actionable due to the passage of time. Chitopota also contended that Simon Mupindu should be included in the lawsuit and, alternatively, that Sandra Mupindu became aware of their relationship in 2014, making the lawsuit time-barred by the statute of limitations. Furthermore, Chitopota claimed that customary compensation had been paid to both her family and herself, negating the need for further claims.

The magistrate countered these arguments, asserting that the principle of prescription (time-barring a legal claim) does not apply to ongoing wrongs and pointing out that the affair persisted even after she initiated the legal proceedings.

Justice Fatima Maxwell of the Harare High Court was tasked with ruling on whether the application could proceed without Simon Mupindu being joined in the proceedings, and whether the application had been filed out of time.

Justice Maxwell reasoned that "the cause of action for damages related to adultery is established upon the occurrence of sexual intercourse." While acknowledging that certain aspects of Mupindu’s claims were indeed time-barred, the judge noted the ongoing nature of the relationship, which meant that the defense of prescription could not succeed. "The plaintiff’s assertions indicate that the sexual liaison has continued even after the summons were issued, implying a lack of intent from the defendant to cease such conduct," the court noted.

Additionally, the judge ruled that the lawsuit could proceed despite Chitopota’s claims regarding the non-joinder of Simon Mupindu in the proceedings. "No cause or matter shall be defeated due to the misjoinder or non-joinder of any party," she remarked.

In her legal declaration, Sandra Mupindu detailed that Chitopota began an affair with her husband in 2014, despite being aware of their stable and loving marriage. She states in an affidavit that the affair directly led to her husband moving out of their shared home to live with Chitopota.

The legal battle is now set to proceed to trial.