Makururu v Vori (HC 10549 of 2015; HH 174 of 2016) [2016] ZWHHC 174 (3 March 2016)

Makururu v Vori (HC 10549 of 2015; HH 174 of 2016) [2016] ZWHHC 174 (3 March 2016)

The defendant, having knowingly intruded into the applicant's marriage and caused emotional and social harm, is liable for adultery damages. The quantum is guided by precedent, the circumstances of the case, and the need for deterrence.

Citation
[2016] ZWHHC 174
Parties
Plaintiff: Basil Makururu; Defendant: Derick Vori
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
3 March 2016
Case Number
HC 10549 of 2015 ; HH 174 of 2016
Procedural Posture
Civil / Unopposed Application for Default Judgment
Outcome
judgment for the plaintiff
Legal Topics
Adultery Damages, Contumelia, Loss of Consortium, Marriage Institution Protection
Source Language
English
Family Law Delict Adultery Damages Contumelia Loss of Consortium Marriage Institution Protection

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Parties

Basil Makururu

Plaintiff

Derick Vori

Defendant

Procedural Posture

Civil / Unopposed Application for Default Judgment

Legal Issues

  1. 1 Whether the defendant is liable for adultery damages for contumelia and loss of consortium
  2. 2 Appropriate quantum of damages for adultery

Ratio Decidendi

The defendant, having knowingly intruded into the applicant's marriage and caused emotional and social harm, is liable for adultery damages. The quantum is guided by precedent, the circumstances of the case, and the need for deterrence.

Court Disposition

judgment for the plaintiff

Orders

  • The defendant shall pay a total of $6,000 (being $4,000 for contumelia and $2,000 for loss of consortium), together with interest at the prescribed rate from the date of summons to payment in full.
  • The defendant shall pay the costs of suit.