GETTING over the pain of a bad relationship is never easy. For one woman Judy Takanai from Barbourfields suburb in Bulawayo refused to let go of resentment when she held a mock funeral procession for her ex-lover Vushe Marime, a nurse at Mpilo Central Hospital after his matrimonial property was attached by the Messenger of Court.
Marime’s property comprising a four-plate Defy stove,
five-piece kitchen suite, Samsung bar fridge, KIC fridge, one brown coffee
table and 5kg gas cylinder stove was attached over legal costs incurred by
Judy’s husband Claudio Takanai when he sued him for bedding his wife.
In 2019, Claudio slapped Marime with a US$10 000 adultery
lawsuit as punishment for bedding his wife (Judy), and after the protracted
legal battle, Claudio later sued him (Marime) for the huge costs he incurred as
a result of their bruising fight.
Marime, however, failed to pay the costs reportedly
amounting to $28 000 leading to his property being attached by the Messenger of
Court and it is now set to go under the hammer.
As a way of celebrating her ex-lover’s downfall, Judy
bought a coffin and inscribed it with his name and paraded it around Mzilikazi
suburb claiming it was the end of the road for him.
The coffin was inscribed with the following words: “Rest in
Hell Vushe Marime, totally knocked out”.
Speaking to B-Metro Judy who was unapologetic about her
actions said it was a way of celebrating her husband’s victory after he had
forgiven her for cheating on him with Marime.
“Marime offended my husband when he wanted to withdraw the
lawsuit when he said it was a ploy to extort money from him. When we were still
dating, he ordered me to kill my husband so that he could remain the only man
in my life.
“He volunteered to organise some injections for me which I
could use to kill my unsuspecting husband and that is when I dumped him. We,
however, incurred legal costs which he was made to pay and he failed leading to
his property being attached by the Messenger of Court. He is supposed to pay
about $28 300 excluding storage costs,” said Judy.
What incensed Claudio to take legal action was that when he
approached Marime requesting him to terminate the relationship in November 2018
he refused and told him he was not man enough. He also boasted about the size
of his manhood.Marime
Through his lawyer, Claudio sued Marime and part of the
suit reads: “Sometime in November 2018, my client found out about the illicit
affair from a co-worker who revealed that on several occasions Marime had
sexual intercourse with his wife at various lodges in Bulawayo.
“The adulterous relationship between the two has destroyed
a happy marriage as Mrs Takanai has become vindictive towards my client and has
stopped performing her conjugal duties and supporting her husband emotionally.
“Furthermore, he has been humiliated by Marime who boasts
about the size of his sexual reproductive organ. The effects of the adulterous
relationship are far reaching as their children are also affected due to the
misunderstandings between the couple.
As a result of the adultery, my client has suffered damages
namely contumelia inflicted upon him in the sum of US$5 000 and the loss of
consortium in the sum of US$5 000.”
In his response Marime, through his lawyer, stated that he
had never been in an adulterous relationship with Claudio’s wife.
“All was a fabrication to extort money from him since both
plaintiff and his wife were not gainfully employed. Further to that defendant
is liable to any confession by the plaintiff’s wife as all this was a
fabrication to extort money from him,” reads part of Marime’s opposing
affidavit.
Marime who lost the case and was ordered to pay the
damages, had his property attached by the Messenger of Court after he failed to
pay the legal costs of the successful party (Claudio).
In a bid to stop the disposal of the property, Marime’s
wife Calister Hapanyengwi filed an inter-pleader application claiming she was
the owner of the attached property and purchased it sometime in 2016 and had
since disposed of the receipts.
She argued that she was never a party to any proceedings
between Marime and Claudio. Paradoxically, her sister Sharon also filed an
inter-pleader application stating that the property belonged to her and she had
given it to Calister and Marime when they got married to just use it and not to
dispose it.
“Ever since I gave the property for use it was agreed that
they will never dispose of the same but instead they will have the right to buy
the same from me if ever they have the funds.
“My main contention revolves around the fact that my property
cannot be used to settle a judgment debt which I’m not part of or connected to
in any manner,” she stated.
In his ruling the presiding magistrate Tinashe Tashaya
found no merits in the inter-pleader proceedings by Calister and Sharon.
“I say so because there are two affidavits before the
court, one by Calister Hapanyengwi who is the judgment debtor’s wife and the
other by Sharon Hapanyengwi who is the applicant’s sister.
“They are both claiming the same property in their
affidavits. Applicant in casu claims she bought the property personally and has
since disposed of the receipts. On the other hand, the affidavit by Sharon
reveals that the property belongs to her and she gave to Calister and Marime to
use with an option to buy the same if they have the funds,” stated Tashaya.
He adds: “In light of the two conflicting affidavits, one
then wonders who between the two is really the owner of the property. The
inference to be drawn is that these two have colluded in order to deprive respondent
of his judgment debt. It is on these premises that the application for stay of
execution is dismissed.” B Metro
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