A HARARE woman, Lorraine Chitereka, who was earlier slapped
with US$50 000 adultery damages for bedding businesswoman Rudo Boka’s husband
has heaved a sigh of relief after the High Court overturned the greenback
payment and substituted it with a local currency in the sum of ZWL$16 000.
High Court judge Justice Nicholas Mathonsi issued the court
order by consent after Boka and Chitereka, through their lawyers, reached
common ground.
“It is ordered by consent that judgment be and is hereby
granted in favour of plaintiff (Boka). The defendant (Chitereka) shall pay the
plaintiff the sum of ZWL$5 000 as damages for contumelia … ZWL$5 000 for loss
of comfort, companionship and the service of a spouse … and ZWL$6 000 costs of
suit,” Justice Mathonsi ruled, adding that Chitereka shall pay both the damages
and costs within a five-month period.
Chitereka initially approached the court seeking rescission
of the US$50 000 default judgment, but later filed an urgent chamber
application after getting wind that Boka had instructed her lawyers to seek an
order to attach her property.
Chitereka further said her lawyer had gone further and
researched on the legal authorities cited by Boka’s lawyer in justifying her
exorbitant claim in US dollars which she had obtained in default, and
established that the awards ranged between ZWL$4 000 and ZWL$8 000.
Chitereka further said she also realised that in
appreciation of the currency in which the judgment was granted to Boka, the
latter would walk away with over ZWL$125 000. Newsday
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