A young woman from Epworth has brought her ex-lover to Harare Civil court demanding $2,000 in seductive damages and breaching a marriage promise.Mimiosa Mwapeta also demanded that her former lover, Funniwell Maka, paid damages for the loss she suffered after he forced her ...more after the cut
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to drop out of school. In her founding affidavits, Mimiosa said Funniwell 'broke her virginity' and she wanted to be compensated after the two separated some months ago. She also said that Funniwell had promised to marry her but failed to own up to the promise.
Funniwell admitted to breaking the young woman's virginity but denied ever failing to live up to his promise of marrying her. He told the court that he was 'in the process of preparing a customary marriage and had paid part of the lobola.
However, Mimiosa's efforts summed up to nothing after magistrate Milton Serima dismissed her claim. In his judgment, the presiding magistrate noted that Funniwell had done some preliminary procedures of customary marriage. The defendant did not deny seducing the plaintiff but said he was in the process of paying lobola.
"The plaintiff indicated that he denied saying it was part of seduction compensation which he denied saying it was part of lobola. He also denied stopping the plaintiff from going to school. The defendant had taken all the preliminary process of a marriage considering that Zivanayi Chiwayi, who came in as witness, gave credible evidence over the lobola payment as he played the go-between during the process.
"It seems as if the defendant had started a marriage process but failed to finish paying lobola. The plaintiff wants the lobola to be finished which would be a different matter. It also seems as if she wants to compel the defendant to finish lobola through this claim. You just wanted to tell him to finish what he had started. So the claim is hereby dismissed," ruled magistrate Serima.
