HARARE – A Chivhu-based magistrate is suing her husband’s lover for adultery damages.
Sandra Mupindu accuses Catherine Tatenda Chitopota of snatching her husband Simon Mupindu, who is a prominent Harare lawyer.
Chitopota is a former intern at the lawyer’s legal practice.
The magistrate says her husband’s adultery has caused her immense emotional distress.
In a High Court application, she is seeking damages from Chitopota for both loss of consortium and contumelia as a result of the affair.
Her husband now lives with Chitopota, she says in papers before the High Court.
In response to the lawsuit, Chitopota filed a motion to dismiss, claiming that the magistrate had effectively condoned the affair and that the issues raised are no longer actionable due to the passage of time.
Chitopota argued that Simon Mupindu should be included in the lawsuit. Alternatively, she said Sandra Mupindu became aware of their relationship in 2014, and as such the statute of limitations prevented her from suing her.
Chitopota also contended that customary compensation had been paid to both her family and herself, thereby nullifying the need for further claims.
The magistrate countered this defence, asserting that the principle of prescription does not apply to ongoing wrongs and pointing out that the affair persisted even after she initiated the legal proceedings.
Justice Fatima Maxwell of the Harare High Court was asked to rule on whether the application could proceed without Simon Mupindu being joined in the proceedings, and whether the application had been filed out of time.
Maxwell reasoned: “In my view, the cause of action for damages related to adultery is established upon the occurrence of sexual intercourse.”
The judge noted that while certain aspects of Mupindu’s claims were indeed time-barred, the ongoing nature of the relationship meant that the defence of prescription could not succeed.
“The plaintiff’s assertions indicate that the sexual liaison has continued even after the summons were issued, implying a lack of intent from the defendant to cease such conduct,” the court noted.
Additionally, the judge ruled that the lawsuit could proceed despite Chitopota’s claims regarding the non-joinder of Simon Mupindu in the proceedings.
“No cause or matter shall be defeated due to the misjoinder or non-joinder of any party,” she remarked.
In her legal declaration, Mupindu detailed that Chitopota began an affair with her husband in 2014, despite being aware of the stable and loving nature of their marriage.
She states in an affidavit that the affair directly led to her husband moving out of their shared home to live with Chitopota.
The legal battle continues to trial.
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