The Harare Civil Court has issued a verdict in a controversial case involving the extramarital aff@ir between James Chinhoi and Sheba Uta, which resulted in damag3s being awarded to Rosemary Chinhoi, James’s wife.
James Chinhoi, a married man of 30 years to Rosemary Chinhoi, was found to be engaged in an affa!r with Sheba Uta, who also happens to be a relative of Rosemary.
Rosemary Chinhoi took legal action against Sheba Uta, seeking damages amounting to US$30,000 for various reasons related to the aff@ir. This included compensation for contumelia, loss of consortium, str3ss-induced health issues, and breach of promise by Uta to end the aff@ir.
After a thorough civil trial presided over by Harare Magistrate Ms Tamara Chibindi, the court ruled in favour of Rosemary Chinhoi but adjusted the compensation amount to US$8,000 for contumelia and loss of consortium.
Magistrate Ms Chibindi emphasized the significance of upholding social values, even in progressive societies like Zimbabwe, as enshrined in the Constitution. She stated that civil claims related to adultery remain relevant in maintaining societal sanctity.
Furthermore, Ms Chibindi stressed that the quantum of damages awarded should not undermine the severity of the situation, as it could jeopardize the integrity of the judicial system.
Chibindi justified the awarding of contumelia damages based on the evidence presented, highlighting the emotional distress and ins_lt suffered by Rosemary Chinhoi due to the affair.
Additionally, the defence put forth by Sheba Uta was deemed baseless and insincere by the court. It was observed that Uta’s actions during the trial were dishonest, and she wasted the court’s time despite overwhelming evidence against her.
Source iHarare
