A Marondera man has dragged Chief Svosve Gahadza to court after he was ordered to pay five beasts for having an affair with Elizabeth Dengu who is married to Fari Hwenjere.
Gilbert Muchenje, who lives with a disability, was last month convicted at the Chief’s court but has challenged the ruling, arguing that he was not allowed to prove his innocence.
Muchenje argued that Chief Svosve based his judgement on text messages on the complainant, Fari Hwenjere’s mobile phone. He appealed:
The Chief’s court erred and misdirected itself on a point of fact by making a finding that the appellant had committed adultery with the first respondent’s wife merely because the first respondent had said so without allowing the appellant to present his side of the story.
The second respondent misdirected himself by not instructing the first respondent to provide any proof to support his allegations, especially considering that such proof did not
exist.… The second respondent also erred and misdirected by awarding the first respondent a herd of five cattle, which is too much for adultery.
The matter could not be heard on Wednesday as the chief reportedly failed to attend court.
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