The High Court of Zimbabwe has awarded Elizabeth Masvimbo US$8 000 in adultery damages after ruling that Natasha Masvimbo had an affair with her husband Martin Masvimbo. Arny Tsanga said the plaintiff proved that the adultery caused emotional and financial suffering and contributed to the collapse of a 20-year marriage. The ruling highlights that adultery claims remain legally actionable in Zimbabwe and can result in financial compensation for the affected spouse.
The High Court of Zimbabwe has awarded Elizabeth Masvimbo US$8 000 in damages after ruling that an adulterous relationship between her husband and another woman contributed to the breakdown of her 20-year marriage.
The ruling found Natasha Masvimbo liable for engaging in an affair with Elizabeth’s husband, Martin Masvimbo. The judgment was delivered by Arny Tsanga, who concluded that the plaintiff had proven her case.
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“The plaintiff has proven, on a balance of probabilities, that adultery occurred and caused her emotional and financial suffering,” Justice Tsanga said in her judgment.
The court heard that Elizabeth’s marriage to Martin Masvimbo had been affectionate and stable for many years until 2023, when problems began to emerge. According to her testimony, the relationship changed after Natasha allegedly became involved with her husband.
Elizabeth told the court that Martin began staying out late, stopped attending family gatherings and withdrew financial support from the household. She also said she discovered receipts for expensive gifts and overheard phone conversations between Martin and Natasha.
“My husband told me his ancestors wanted him to take a second wife,” Elizabeth said while explaining how her husband eventually left their matrimonial home.
Natasha denied the adultery allegations and claimed that Martin was her half-brother. She told the court that they shared the same father and that she had been introduced to the family in 2015, with traditional rites conducted to welcome her.
However, Justice Tsanga said the explanation was not convincing. The court noted that there was no DNA evidence or documentation to prove the alleged sibling relationship.
“The court cannot accept unsubstantiated claims to dismiss credible evidence,” Justice Tsanga said in the ruling.
Witness testimony also supported Elizabeth’s claims. A neighbour told the court that Martin had introduced Natasha as his wife during a trip to a supermarket.
Additional evidence presented in court showed that Natasha had assumed the surname Masvimbo and was listed as Martin’s wife on his medical aid records. Justice Tsanga rejected Martin’s explanation that the listing was an administrative error, describing the claim as “inherently improbable.”
Justice Tsanga said adultery cases remain legally actionable in Zimbabwe because they protect the institution of marriage. “Adultery remains actionable in our jurisdiction because it upholds the sanctity of marriage and protects the innocent party from humiliation and loss,” she said.
The court awarded Elizabeth US$4 000 for loss of consortium and another US$4 000 for injury to her dignity. The judgment also noted that Elizabeth suffered public humiliation in her community and church where people often questioned her about her husband’s absence.
Martin’s claim that Elizabeth had used traditional healers to harm him was dismissed by the court. Justice Tsanga said there was no evidence supporting the allegation and described it as a “post-hoc rationalisation” for his behaviour.
The court concluded that Elizabeth had suffered emotional and financial harm following the affair, which ultimately led to the collapse of the marriage.
Justice Tsanga said Elizabeth’s testimony was consistent and supported by other evidence presented before the court. “The plaintiff’s evidence was consistent, detailed, and corroborated by witnesses, while the defence’s version was riddled with improbabilities and contradictions,” she said.
The court ordered Natasha Masvimbo to pay Elizabeth US$8 000 in adultery damages and also cover the costs of the lawsuit.
