‘Top-up lobola or there is no wife’

Tanyaradzwa Mujati
Weekender Reporter

A MUTARE man is suing his in-laws for restitution of the lobola he paid after they refused to give him the apple of his eye while claiming that he had paid an insufficient amount for the bride price.

Eddington Machingauta has since filed court papers suing his bride’s father and mother, Godwin Madenga and Betty Gombarume, as well as the lady, Patricia Chantelle Madenga.

Machingauta is being represented by Makuwaza & Magogo Attorneys of Harare, while the defendants are being represented by Mr Chris Ndlovu of Gonese and Ndlovu Legal Practitioners.

The case is set for a hearing soon.

According to the court papers availed to The Weekender, on August 9, Machingauta visited his intended in-laws’ house in Pegasus Section of Dangamvura in the company of his family and set a date for lobola negotiations.

He was given a list with a total amount of US$11 240.

Machingauta later went back with his delegation and managed to pay US$3 690 and groceries worth US$550, making it a total of US$4 240.

After receiving the lobola, the parents of the bride refused to let their daughter join Machingauta as his wife, arguing that the money that had been paid was insufficient.

In addition, Machingauta and Patricia’s relationship turned sour between August and October, thereby prompting Patricia to change her mind and opt out of the marriage.

Machingauta said he tried to negotiate with his in-laws for a refund of the lobola money, including the groceries, but to no avail.

The complainant is now suing his in-laws for the lobola money arguing that they benefited from a non-existent union.

Mr Ndlovu who is representing the defendants said they have since filed for a notice of intention to defend the lawsuit.

He said lobola is a customary law practice and tradition, adding that Machingauta was suing the Madengas under the general law instead of the customary law.

Mr Ndlovu added that Machingauta should follow proper channels to solve the matter.

He also said payment of lobola is paid by a son-in-law to his father-in-law, which means Machingauta should only sue his “father-in-law” Madenga, and not his wife and daughter.

He added that Madenga cannot force her daughter to marry Machingauta.

 

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