Amon Mapiye has filed a $60 000 lawsuit at the Harare High Court against the man who had an affair with his wife, Innocent Mudyiwa after DNA tests showed that the child he had with his wife, Nomsa Faith Mapiye, was not his. The child is 4 years old. Mapiye contends that Mudiywa wanted to destroy his marriage as he is also married. He is demanding $30 000 for loss of consortium and another $30 000 for contumelia (deliberately offensive act).
Part of his court papers read:
Because of the adulterous relationship between defendant and the plaintiff’s wife, a child was born and the plaintiff had to incur financial losses approximately to $10 000 arising from four years looking after the child born as a result of the adulterous relationship since he was of the view that the child belonged to him up until a time DNA results showed otherwise.
The defendant intruded in a happy marriage which is shown by the parties having upgraded their marriage from customary law marriage to solemnise their marriage under the Marriage Act,” he said.
The defendant was aware that the plaintiff was married to Nomsa Faith Mapiye since he would visit their matrimonial house on the pretext that he wanted to buy purified water.
Mapiye has since applied for a default judgement after Mudyiwa failed to appear in court despite filing a notice to defend. Mapiye and his wife have a pending divorce at the High Court.