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.