Harare Woman Wins US$20 000 In Damages Against Husband's Mistress
A Harare woman, Plaxedes Taoneyi, won US$20,000 in damages against her husband’s mistress, Enery Madzima, at the High Court, reported The Herald.
Taoneyi, married to Kudakwashe Taoneyi since 2005, had her life turned upside down when she discovered his affair with Madzima.
The relationship began under the guise of business dealings when Madzima became a client of their family business.
Over time, from phone calls and meetings to church encounters and family interactions, the affair became increasingly evident.
In December 2022, Taoneyi discovered a WhatsApp status posted by Madzima, showing her husband holding Madzima’s hand, alongside a caption thanking him for a birthday gift.
Taoneyi described in court the devastating impact this affair had on her life. She said she once enjoyed her husband’s love, companionship, and support, but now finds herself neglected and emotionally abused.
She said her husband no longer provided the same care for their children and openly boasted about his relationship with Madzima, even claiming to be “waiting to move on” once the legal proceedings were over.
Taoneyi recounted the humiliation she suffered in her church community, where she and her husband were once respected leaders.
She claimed the affair led to their demotion from leadership roles and tarnished their reputation among congregants.
In her workplace and social circles, where she and her husband were seen as a model couple, she now faces pity and judgment.
Madzima allegedly publicly flaunted her relationship with Kudakwashe, posting compromising photos and creating scenes that invaded Taoneyi’s privacy and dignity.
On one occasion, Madzima went to Taoneyi’s home, shouting obscenities and banging on the gate, drawing a mob of onlookers.
She also filed a false assault complaint against Taoneyi, dragging her through the courts for months before the case was dismissed.
Despite the overwhelming evidence, in court Madzima attempted to deny knowledge of Kudakwashe’s marriage, claiming he had presented himself as a divorcee.
However, her version of events was riddled with inconsistencies and implausible explanations.
Justice Emelia Muchawa found her to be an unreliable witness, noting her attempts to manipulate the truth and shift blame.
The court determined that Madzima was fully aware of Kudakwashe’s marriage at the time of their relationship and continued the affair with no regard for the consequences.
In her ruling, Justice Muchawa articulated the importance of protecting the institution of marriage. She said:
There can be no doubt that in this case there was infringement of the plaintiff’s privacy, dignity and reputation.
It is also clear that the plaintiff is a well-respected woman in her family, workplace, community and church. Her good standing was tarnished by the defendant’s conduct.
Defendant’s character of violence where one has the foolhardiness to go to the home of a woman whose husband she is in an affair with, leaves a lot to be desired.
She even had the guts to report the same woman for an assault, harassing her further in the process for a good six months.
Justice Muchawa explained that adultery damages uphold the sanctity of this unique contract between two individuals.
Taoneyi was awarded US$10,000 for the loss of consortium, representing the loss of love, companionship, and support.
She also received US$10,000 for contumelia, which addresses the violation of her dignity, privacy, and reputation.
The court considered several factors in determining the award, including Madzima’s lack of remorse, her disruptive conduct, and the need for deterrent measures to prevent similar actions in the future.
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