A CIVIL court has ordered a Shurugwi businessman to pay four head of cattle for bedding a fellow businessman’s wife.
Shurugwi Civil Court Magistrate Mrs Evia Matura upheld an earlier ruling by Chief Ndanga for Daniel Hapazari, who runs grocery and bottle stores in Shurugwi, to pay three beasts to Mr Admire Magocha who runs a furniture and clothing business for bedding the latter’s wife Tsitsi Makonese.
The fourth beast will go to the chief’s court.
Hapazari had appealed to the civil court against the chief’s ruling, but did not attend Thursday’s hearing.
“The matter is dismissed,” said Mrs Matura.
In his notice of appeal, Hapazari had said Chief Ndanga had no jurisdiction to hear a matter between parties that lived in Shurugwi town, which he said was outside the traditional leader’s territorial jurisdiction.
“The chief’s court overstepped its territorial jurisdiction. The trial chief court erred when it directed appellant to pay one beast to the chief. There is no basis why the appellant must pay one beast,” said Hapazari.
“Appellant did not receive a fair trial because he was not given an opportunity to give his side of the story.”
Mr Magocha told The Chronicle that his wife, with whom he has two children, had an affair with Hapazari
The matter was heard by the chief and Hapazari appealed against the order and we are here today. However, I have since engaged my in-laws over the matter and I will only be in a position to know my next step with regard to my marriage after the elders meet,” he said.
Hapazari told The Chronicle that he was not aware that his matter was being heard on Thursday.
“I wasn’t at court because I didn’t know the court date was today. I was told it was on June 23,” he said.
In her affidavit, Makonese said she had an affair with Hapazari between September and October last year.
“I had an affair with Daniel Hapazari as from September 2015. During that period, we slept together three times on different occasions along Peak Mine Road in his Caravan kombi. The relationship ended in October after I realised that what I was doing to my husband was wrong,” she said.
Makonese said on February 7, she was confronted by her husband with regards to the adulterous affair and she denied any wrongdoing.
“On the same day, my husband brought Hapazari and one of his relatives home. We had a meeting where my husband asked him if he was having an affair with me. We both admitted to the affair before Hapazari agreed [to pay $5,000 in damages]. When no payment was made, my husband reported the matter to Chief Ndanga where Hapazari was fined four head of cattle,” she said.