HARARE – Businessman Simon Rudland has approached the High Court demanding over $30 000 in adultery damages from Timothy Tombras — a man he accuses of dating his wife, Leigh Anne.
According to court papers, the ex-transport and bus tycoon alleges that Tombras was in an adulterous relationship with his wife between 2013 and 2014.
“As a consequence of the adulterous relationship, plaintiff (Rudland)’s relationship with his wife broke down resulting in among other things, plaintiff having to vacate his matrimonial home,” he said.
Rudland added that “as a result of the adulterous relationship, plaintiff has suffered damages in the amount of $20 000, being $15 000 for contumelia, and further $5 000 for loss of comfort and society of his wife”.
He said soon after he left his matrimonial home, Tombras moved in and continued having an affair with his wife.
“For the period that the defendant (Tombras) remained in occupation of the plaintiff’s residence, he used and abused plaintiff’s motor vehicle, a Toyota Hilux double cab,” Rudland claimed in the court papers, further claiming that Tombras used the car without his knowledge and consent.
He further accused Tombras of abusing the motor vehicle and damaging it in the process, resulting in him requiring $7 551 to repair it.
“During the time that the defendant took occupation at his residence, he took away without plaintiff’s knowledge and consent two submersible pumps from plaintiff’s purification plant. The reasonable replacement cost of each pump is in the amount of $1 050.”
The businessman said Tombras is liable to the replacement of the pump at a price of $2 100 and the repair of the water purification plant, which costs $3 025.
He further accused his wife’s boyfriend of taking away his television set and 6 000 litres of diesel.
“Despite lawful demand, defendant has refused and or neglected to pay the various amounts claimed…or indeed to indicate a willingness to make good the damages,” Rudland said.
Tombras has not yet fully responded to the claim, but has since filed an appearance to defend in the matter, yet to be heard on merits before the High Court.
Last week, the defendant all but admitted — in a separate case at the magistrates’ courts — that he was indeed in an unholy relationship with Rudland’s wife, which could swing the flurry of litigations into the cigarette trader’s favour.
“Accused will State that he is a drug and alcohol abuse rehabilitation counsellor by profession and that is how he became acquainted with the complainant’s wife Leigh Anne Rudland,” Tombras told magistrate Blessing Murwisi in the underway criminal case.
“When the complainant and his wife separated and at the inception of the divorce proceedings, that is when he began counselling her as she had alcohol abuse issues,” he said, adding he had “rendered his services at the specific request and instance of Rudland’s wife, and mother-in-law”.