Magistrate Sues Husband’s Lover in Harare Court

Adultery Damages Claim Takes Center Stage

A Chivhu-based magistrate is pursuing legal action against her husband’s alleged lover for adultery damages, claiming significant emotional distress.

Legal Battle Over Alleged Infidelity

Sandra Mupindu has filed a High Court application against Catherine Tatenda Chitopota, a former intern at her husband’s legal practice. Mupindu accuses Chitopota of snatching her husband, prominent Harare lawyer Simon Mupindu, and is seeking compensation for loss of consortium and contumelia.

Papers before the High Court indicate that Simon Mupindu is now living with Chitopota.

Defense Argues Condonement and Time Bar

In her defense, Chitopota filed a motion to dismiss the case. She contends that Sandra Mupindu effectively condoned the affair and that the lawsuit is beyond the statute of limitations. Chitopota also argued that her husband, Simon Mupindu, should be included in the proceedings and that customary compensation had already been paid.

Court Rules on Procedural Matters

Justice Fatima Maxwell of the Harare High Court addressed preliminary issues regarding the inclusion of Simon Mupindu and the timeliness of the application. The judge reasoned that the cause of action for adultery damages arises from sexual intercourse.

“In my view, the cause of action for damages related to adultery is established upon the occurrence of sexual intercourse.”

—Justice Fatima Maxwell

While acknowledging that certain claims might be time-barred, Justice Maxwell ruled that the ongoing nature of the relationship, continuing even after legal proceedings began, prevented the prescription defense from succeeding.

Furthermore, the court decided that the case could proceed without Simon Mupindu being a party, stating, “No cause or matter shall be defeated due to the misjoinder or non-joinder of any party.”

Magistrate Details Allegations

In her legal declaration, Sandra Mupindu detailed that the affair commenced in 2014. She stated that Chitopota was aware of the stable nature of her marriage at the time. The magistrate claims the affair directly resulted in her husband leaving their shared home.

The legal dispute is now proceeding to trial. According to the International Bar Association, legal systems in many common law jurisdictions recognize claims for loss of consortium in adultery cases, though the specific statutes and precedents vary widely.