Tuesday, 28 January 2020

I WAS NOT AWARE BRIG GEN WAS MARRIED : SMALL HOUSE CHALLENGES LAWSUIT


MATABELELAND North Provincial Development Coordinator, Ms Latiso Dlamini, who is being sued by a Bulawayo woman for $500 000 in damages for allegedly engaging in an adulterous relationship with her husband of 21 years, is challenging the lawsuit.

The aggrieved woman, Mrs Siboniso Lesley Maseko (nee Gumede), is accusing her rival Ms Dlamini of Khumalo suburb in Bulawayo of having a love affair with her husband Brigadier-General Simo Maseko.

Mrs Maseko said their marriage was solemnised in terms of Chapter 5:11 of the Marriages Act on December 20 in 1998.
Ms Dlamini, through her lawyers Dube-Banda, Nzarayapenga and Partners, has filed opposing papers challenging the lawsuit.

In her defendant’s plea, she said she was not aware that Brig-Gen Maseko was married to the plaintiff when they fell in love.

“At the time Simo Maseko and I got to know each other, I was not aware of his marriage to the plaintiff (Mrs Maseko). It is after sometime that I learnt of their separation, which had been ongoing for a period of four years,” said Ms Dlamini.

She said Mrs Maseko has been harassing her at both her workplace and residential place. Ms Dlamini said the money that Mrs Maseko is demanding from her was not justified. 

She wants the court to dismiss Mrs Maseko’s application with costs, arguing that the claims are baseless.

“There is no justification for the amount claimed as damages for contumelia. Equally, I submit that I am not liable for any loss of comfort or companionship for a husband I have not lived with for a period exceeding four years. It is my position that there is no basis for the claim of damages, which are not of my doing,” she said.

Mrs Maseko, through her lawyer Mr Godfrey Nyoni of Moyo and Nyoni Law Firm last year filed summons at the Bulawayo High Court citing Ms Dlamini as a defendant.

In papers before the court, Mrs Maseko said she discovered that Ms Dlamini and Brig-Gen Maseko have been seeing each other since 2017. She said the two suspected lovers would meet at the defendant’s house among other secluded places.

“On diverse occasions and at various places including but not limited to Ms Dlamini’s place of residence, the defendant committed and still continues to commit adultery with my husband, Simo Maseko,” said Mrs Maseko.

She said despite Ms Dlamini being aware of their marriage, she remains defiant. Mr Nyoni said as a result of Ms Dlamini’s actions, his client has suffered damages amounting to $500 000.

“As a result of the defendant’s actions, plaintiff has suffered damages for contumelia in the sum of $300 000. My client has furthermore suffered damages for loss of comfort, society, companionship and services of her husband in the sum of $200 000,” he said.

Mr Nyoni said Mrs Maseko wants the $500 000 to be paid with an interest of five percent calculated from the date of issue of summons to the date of full payment.

She also wants the court to order Ms Dlamini to pay the legal costs she incurred. Chronicle

0 comments:

Post a Comment