Daniel Nemukuyu Senior Court Reporter
A HARARE woman who dated a married workmate and gave birth to four children during the subsistence of the adulterous affair is now being sued for damages amounting to $20 000. The man’s legal wife, Mrs Evina Muveregi, has issued summons at the High Court claiming adultery damages from Ms Maria Phiri of Shashi Road, Kambuzuma 3.
Mrs Muveregi married Mr Peter Muveregi in 1987 in terms of the Marriage Act Chapter 5:11. While the marriage still subsisted, it is alleged Mr Muveregi and Ms Phiri had an adulterous affair that resulted in the birth of four children. Disturbed by the development, Mrs Muveregi instructed her lawyers Tavenhave & Machingauta Legal Practitioners to sue for adultery.
Mrs Muveregi is claiming $20 000 plus interest to be calculated at the rate of five percent per annum from the date of issuance of the summons to the date of payment of the damages in full. She also wants Ms Phiri to be compelled to pay costs of suit. According to the plaintiff’s declaration, Ms Phiri used to visit the Muveregi family as a “workmate”, and Mrs Muveregi used to accept her not knowing that she was in fact in an affair with her husband.
When she first came to the family house, the papers state, she was duly introduced to Mrs Muveregi and therefore she knew that he was married. It is Mrs Muveregi’s contention that Ms Phiri deliberately continued with the affair with full knowledge that she was committing adultery.
“Plaintiff learnt of the love relationship between defendant and her husband in 2012 and she confronted the defendant. She advised her that she was still legally married to her husband but defendant denied being in a love relationship with plaintiff’s husband. Moreover, defendant told plaintiff that she does not date a marriage certificate, implying that she did not care about the existence of the marriage between the parties,” reads the declaration.
Mrs Muveregi, in the court papers, listed the names of the four minor children born out of the adulterous affair. She told the court that she once suffered hypertension and depression due to the adulterous relationship. Mrs Muveregi was once admitted at Corporate 24 Clinic because of stress and hypertension.
“On numerous occasions, plaintiff suffered from sexually transmitted infections, which she suspects to have resulted due to the existence of the defendant in a love relationship with her husband,” reads the declaration.
Mrs Muveregi’s marriage, according to the papers, suffered a huge blow as a result of the adulterous affair. She claims the husband got to a point of denying her conjugal rights and neglecting his family as he concentrated on the extra-marital affair. Mrs Muveregi claims she suffered damages due to loss of consortium and contumelia as a result of the adulterous relationship. Ms Phiri is yet to respond to the $20 000 claim.