US$50 000 Is Too Much For Adultery Damages
A small house who was recently ordered by the High Court to pay $50 000 in adultery damages to Rudo Boka, the wife of the man that she ‘snatched’, has rushed to the High Court again seeking a stay of execution.
Delta Beverages finance and administration manager Lorraine Chitereka is arguing that the amount which was granted in the case is too much as it is much higher than previous amounts which have been awarded in similar cases. Chitereka also said that she was seeking a stay of judgement as she has received information that Rudo Boka wants to attach her property. Last week, Chitereka filed an application at the High Court seeking the judgment to be set aside.
In her latest application, Chitereka said,
This is an urgent application for the stay of execution of the default judgment granted against me (Chitereka), and in respondent’s (Boka) favour in HC9892/18. It is this default judgment whose rescission I respectfully seek in HC2118/19.
I submit that I would suffer irreparable harm if execution does not stay for a variety of reasons; the respondent (Boka) is holding on to a judgment in the total sum of US$50 000. My lawyers advise me that this award is most definitely high and in all likelihood, will be set aside.
Chitereka is arguing that if the US$50 000 is converted to RTGS$ it would translate to at least $125 000.
They (my lawyers) have established that the awards range between $4 000 and $8 000 (that is bond notes). I further contend that an appreciation of the currency in which the judgment was granted to respondent, will show that in bond note/ZWR term, the said judgment translates to over $125 000. This is an unprecedentedly astronomical figure by all accounts.
With my case herein being that respondent is not even entitled to the $4 000 or $8 000 referred to above, the potentiality of irreparable harm falling me, were execution not to be stayed and I ultimately succeed in the rescission of judgment application, becomes high and not too difficult to appreciate.
The matter is yet to be heard.
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