Online Reporter
Fidelis Munyoro
Chief Court Reporter
ELIZABETH MASVIMBO has won her court battle against Natasha Masvimbo, securing US$8 000 in damages over an adulterous relationship alleged to have destroyed her 20-year marriage.
The High Court ruled in Elizabeth’s favour, finding Natasha liable for engaging in an affair with Elizabeth’s husband, Martin Masvimbo.
Justice Arny Tsanga delivered a damning judgment, stating, “The plaintiff has proven, on a balance of probabilities, that adultery occurred and caused her emotional and financial suffering.”
The court heard that Elizabeth’s marriage to Martin, described as affectionate and stable until 2023, began to unravel when Natasha allegedly entered the picture.
Elizabeth testified that Martin started staying out late, ceased attending family gatherings, and stopped providing financial support.
She recounted finding receipts for expensive gifts and overhearing phone calls between Martin and Natasha.
“My husband told me his ancestors wanted him to take a second wife,” she said, explaining how Martin eventually abandoned their home.
Natasha denied the allegations, claiming Martin was her half-brother. She stated that their shared father had introduced her to the family in 2015 and that traditional rites were performed to welcome her.
However, the court found her explanation unconvincing. Justice Tsanga noted the absence of DNA evidence or documentation proving their alleged sibling relationship.
“The court cannot accept unsubstantiated claims to dismiss credible evidence,” she said.
Witnesses supported Elizabeth’s claims. A neighbour testified that Martin had introduced Natasha as his wife during a trip to the supermarket.
Evidence that Natasha had assumed the surname Masvimbo and was listed as Martin’s wife on his medical aid further undermined her defence.
Justice Tsanga rejected Martin’s claim that this was an administrative error, calling the explanation “inherently improbable.”
Justice Tsanga emphasised the seriousness of the matter, stating, “Adultery remains actionable in our jurisdiction because it upholds the sanctity of marriage and protects the innocent party from humiliation and loss.”
She awarded Elizabeth US$4 000 for loss of consortium and an additional US$4 000 for injury to her dignity.
The judgment also noted the public humiliation Elizabeth endured, particularly in her community and church, where she was frequently asked about her husband’s absence.
Martin’s attempt to justify his withdrawal from the marriage by accusing Elizabeth of using traditional healers to harm him was dismissed as baseless.
Justice Tsanga found no evidence to support these allegations, describing them as a “post-hoc rationalisation” for his behaviour.
The court concluded that Elizabeth suffered significant emotional and financial harm due to the affair, which led to the collapse of her marriage.
Justice Tsanga remarked, “The plaintiff’s evidence was consistent, detailed, and corroborated by witnesses, while the defence’s version was riddled with improbabilities and contradictions.”
The ruling underscores the continued relevance of adultery claims in Zimbabwean law.
Justice Tsanga reiterated, “Adultery damages are compensatory, not punitive, but they serve to protect the institution of marriage and provide recourse for the innocent spouse.”
Natasha has been ordered to pay Elizabeth US$8 000 and cover costs of the suit.
