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The woman wants the businessman to pay $300 000 being general damages for stress, psychological trauma, suffering, reduction of life expectation and suffering with HIV.
She further wants him to pay $1 700 being hospital costs incurred when she was admitted to a private hospital where she gave birth to a premature baby, fathered by the businessman who had allegedly agreed he was responsible for the pregnancy.
The woman also wants the payment of interest a tempo morae on each of the amounts that may be awarded by the court at the prescribed rate calculated from the date of the issue of the summons to the date of full payment.
She wants an order that the businessman be interdicted from threatening direct violence or engaging people to hurt or kill her following threats to her life by him and his wife.
The woman through her lawyer, Mr Sindiso Shepherd Mazibisa, of Cheda and Partners, say they have had to issue summons after the businessman breached a settlement they had reached.
According to the agreement entered into by the parties on 13 April this year, the businessman “without admission of liability on his part but purely without a prejudice basis and resolve, the woman was to be paid $15 000 in a full and final settlement of any claims that the woman felt she has against the businessman or his wife”.
He was supposed to pay $10 000 upon provision of proof of withdrawal of all pending criminal or legal action by the woman against him or his wife.
The remaining $5 000 was to be paid on or before 31 May this year.
She was also supposed to be paid a sum of money equivalent to the costs she incurred when she was admitted to hospital for the purposes of giving birth.
The businessman was to pay her $600 per month as maintenance for the unborn child starting from the month she would give birth.
“In lieu of receiving the payments the first party (woman) makes an undertaking that she shall withdraw all legal actions against the businessman whether criminal or civil; she further undertakes not to put issues raised herein in the public domain and in particular, undertakes not to publicise the matter in the media whether print or otherwise,” reads the agreement.
The woman stated that she had terminated her relationship with the businessman and undertook not to revive it and not to communicate with him or his wife or to engage in actions which would be disruptive to the marriage between the businessman and his wife.
The businessman also undertook not to contact the woman or to try to revive the relationship and if any communication was to be done between the parties it had to be done through other people.
“For as long as the first party (woman) abides by the terms and conditions mentioned herein, the third party (businessman’s wife) hereby undertakes not to take any legal action against the first party for adultery damages and any other damages which the third party believes may be due to her from the first party as a result of the first party’s relationship with the second party (businessman),” further reads the agreement.
In her founding affidavit, the woman says the businessman has now become arrogant and belligerent.
The businessman through his lawyer, Mr Ndabezinhle Mazibuko, of Calderwood Bryce and Hendrie Legal Practitioners has entered an appearance to defend and they want further particulars on some of the claims made by the woman.
They want to know the exact dates when the businessman visited her while she was in the United Kingdom and when she was tested and that she should produce the results.
They also want to know at what stage the woman came to discover that the businessman was married among other particulars.
Online Reporter