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Lovemore Kadzura
Rusape Correspondent
A MAKONI villager was left dumfounded after a community court ruled that he cannot sue for adultery damages as he did not pay the bride price for his wife of 10 years.
This emerged at Chief Makoni’s court recently where Tasuwa Dewera of Marata Village had dragged a fellow villager, Amos Makwawa to court, accusing him of snatching his wife, Diana Maruza.
Dewera said he was leading a blissful life with Maruza until Makwawa snatched his wife from him.
“I met Maruza 10 years ago and we fell in love. She had two children from her previous marriage.
“I wanted to pay lobola, but she discouraged me, saying I should just take good care of her children which I did. I took care of them like their biological father.
“Our marriage was blessed with one child. We had a misunderstanding early this year when I told her that we should relocate to Karoi where I had secured a plot. When I came back from preparing the fields in Karoi, I was shocked to learn that Maruza was now staying Makwawa.
“Everyone in the village knows that Maruza is my wife including Makwawa, but he proceeded to take her. She is now carrying his baby. I want Makwawa to compensate me with 10 beasts for ‘stealing’ my wife,” Dewera claimed.
Maruza said she parted ways with Dewera when he insisted with his relocation to Karoi and has since moved in with Makwawa.
“I divorced this man early this year. My husband is now Makwawa. I was single when we fell in love with Makwawa. It is not true that he snatched me from Dewera,” she told the court.
Makwawa said he did not know Maruza’s marital status and has already introduced her to his parents in preparation to pay her bride price.
In its ruling, the court said payment of the bride price is the only acceptable evidence that a marriage exists between two parties, hence Makwawa cannot sue Dewera for adultery.
“You can stay with a woman for whatever years, have children together, but that alone cannot define marriage. Marriage only exists when a bride price is paid to a woman’s family. What you were doing is cohabitation.
“Makwawa you did not pay a cent to Maruza’s parents, so you did not lose anything. You cannot come to this court demanding 10 beasts for a woman you did not marry.
“You should have smelt a rat when she stopped you from paying the bride price. You were just her long term live-in boyfriend. The case is hereby dismissed,” ruled Chef Makoni.
It was a bad day for Dewera as his attempt to share their property with Maruza was also dismissed by the court, as the latter claimed she toiled alone to acquire three beasts and household property.
She produced stock cards and receipts in her name.
“You should have smelt a rat when she stopped you from paying the bride price”.
Online Reporter