MARTIN MAWAYA
GWERU-A Gweru Civil Court has ordered a Mkoba Teachers’ College administrator to pay US$2,500 in adultery damages after finding that she engaged in an adulterous relationship with the college’s married vice principal.
The court ruled in favour of Chipo Musarurwa, who had sued Shylet Mushayavanhu for US$20,000 in damages arising from her affair with Joseph Musarurwa, the vice principal at Mkoba Teachers’ College.
In her ruling, magistrate Paida Mafusire found that Mushayavanhu knew Joseph was legally married when she entered into the relationship, causing emotional distress and humiliation to the plaintiff.
“The defendant went further and informed the plaintiff that the reason she was no longer enjoying conjugal relations with her husband was because the defendant herself was sleeping with him.
“Such conduct was a blatant disregard of the sanctity of the plaintiff’s marriage and was calculated to humiliate the plaintiff and cause her emotional distress,” Mafusire said.
The court accepted medical records showing that the emotional trauma suffered by Chipo resulted in illness, forcing her to seek medical treatment and take sick leave from work.
It also found that the affair became widely known among colleagues, exposing the plaintiff to embarrassment and injuring her dignity.
Court records showed that Chipo demanded compensation before filing the lawsuit, but Mushayavanhu did not respond.
Although Joseph was not a party to the proceedings, the court said the circumstances surrounding his relationship with the defendant formed the basis of the dispute.
In assessing damages, Mafusire said Mushayavanhu had shown no remorse and failed to apologise, factors the court considered in determining an appropriate award.
The magistrate ruled that the US$20,000 sought by the plaintiff was excessive and unsupported by the evidence, while the US$1,000 proposed by the defendant was inadequate.
The court awarded Chipo US$2,500, describing the amount as fair and reasonable compensation for the humiliation, emotional suffering and injury to her dignity.
