A HARARE man who engaged in an adulterous relationship with a married woman and was playing the fatherly role to the woman’s child after being duped that he sired the child is being sued for $10 000.
The plaintiff, Andrew Nyakuya filed his papers against Edson Chokuda at the Chitungwiza Civil court through his lawyer Phillip Hamunakwadi of Mugiya and Macharaga Law Chambers claiming that he had suffered immense pain as a result of the affair.
“The defendant’s behaviour with the plaintiff’s wife clearly shows that the two had unprotected sexual intercourse on several occasions which led to the birth of the innocent child aforementioned.
“As a result of the defendant’s delictual and wrongful conduct of intruding into plaintiff’s marital relationship, the said relationship got so unstable if not outlandish thereby prompting plaintiff’s wife to file for divorce”.
Nyakuya added that he continuously suffered immense pain as his wife has “stubbornly declared that defendant is a better man than him in every respect and aspect”.
Nyakuya is claiming damages of $4 000 for loss of consortium $6 000 for compensation for contumella he suffered and the cost of the suit from Chokuda.
The alleged affair came to light in November 2014 after Nyakuya discovered at the Registrar General’s office that his wife Betty Nyakuya had sired a child with the defendant (Chokuda) and had named the child Chiedza Chokuda.
Nyakuya, who is still legally married to Betty under the Marriage Act Chapter 5.11 said the same child was staying with him and his wife as Cynthia Kudakwashe Nyakuya.
He added that his wife was criminally charged and convicted at Chitungwiza magistrates court where she pleaded guilty and further acknowledged that he was the father of the child –not Chokuda.
Chokuda who resides in Highfields was given seven day to reply to the application after having received the summons on December 17.