Muyambo v Bere (HC 1010 of 2005) [2007] ZWHHC 30 (15 March 2007)

Muyambo v Bere (HC 1010 of 2005) [2007] ZWHHC 30 (15 March 2007)

The defendant became aware of the subsisting marriage and persisted in an adulterous relationship, directly causing the breakdown of the marriage and entitling the plaintiff to damages for contumelia and loss of consortium.

Citation
[2007] ZWHHC 30
Parties
Plaintiff: Pauline Muyambo; Defendant: Eunice Bere
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 March 2007
Case Number
HC 1010 of 2005
Procedural Posture
Civil / Trial Judgment
Outcome
judgment for plaintiff
Legal Topics
Adultery Damages, Marriage, Loss of Consortium, Contumelia
Source Language
English
Family Law Delict/tort Adultery Damages Marriage Loss of Consortium Contumelia

Case Brief

Summary, issues, holding and outcome

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Parties

Pauline Muyambo

Plaintiff

Eunice Bere

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the defendant was aware that the plaintiff and her husband were married
  2. 2 Whether the relationship between the defendant and the plaintiff’s husband is adulterous
  3. 3 Whether the plaintiff is entitled to damages as claimed

Ratio Decidendi

The defendant became aware of the subsisting marriage and persisted in an adulterous relationship, directly causing the breakdown of the marriage and entitling the plaintiff to damages for contumelia and loss of consortium.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff $1,500,000 (one million five hundred thousand dollars)
  • Defendant to pay costs of suit