Woman Who Took Lover’s Surname And Claimed He Was Her Brother Ordered To Pay US$8,000 In Damages

Woman Who Took Lover’s Surname And Claimed He Was Her Brother Ordered To Pay US$8,000 In Damages

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A woman who snatched another woman’s husband, took his surname, and later claimed he was her half-brother has been ordered to pay US$8,000 in damages for helping to destroy a 20-year marriage.

High Court judge Justice Amy Tsanga ruled in favour of Elizabeth Masvimbo, finding Natasha Masvimbo liable for engaging in an affair with Elizabeth’s husband, Martin Masvimbo. She said:

“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 loving and stable until 2023, began to fall apart when Natasha allegedly entered the picture.

Elizabeth told the court that Martin started staying out late, stopped attending family gatherings and eventually stopped providing financial support.

She said she later found receipts for expensive gifts and overheard phone conversations between Martin and Natasha.

Elizabeth also claimed that Martin told her his ancestors wanted him to take a second wife before he eventually abandoned their home.

Natasha denied the allegations, insisting that Martin was actually her half-brother. She said 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 said the court could not accept unsupported claims to prove a half-sibling relationship without DNA evidence.

Several witnesses supported Elizabeth’s version of events. A neighbour testified that Martin had introduced Natasha as his wife during a trip to the supermarket.

Evidence that Natasha had taken the surname Masvimbo and was listed as Martin’s wife on his medical aid also weakened her defence.

Justice Tsanga rejected Martin’s claim that this had been an administrative error, describing the explanation as “inherently improbable”.

The judge also noted the public humiliation Elizabeth suffered, particularly within her community and church, where she was frequently questioned 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 said there was no evidence to support the allegation, describing it as a “post-hoc rationalisation” for his behaviour.

The court ultimately found that Elizabeth had suffered significant emotional and financial harm as a result of the affair, which led to the collapse of her marriage. Said Justice Tsanga:

“The plaintiff’s evidence was consistent, detailed, and corroborated by witnesses, while the defence’s version was riddled with improbabilities and contradictions.”

She said damages awarded for adultery are compensatory rather than punitive, but they serve to protect the institution of marriage and provide recourse for the innocent spouse.

Justice Tsanga awarded Elizabeth US$4,000 for loss of consortium and a further US$4,000 for injury to her dignity.

She ordered Natasha to pay Elizabeth a total of US$8,000 and to cover the costs of the lawsuit.

More: The Herald

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