By Staff Reporter
Court has ordered that a Zimre Park man must be refunded his lobola back after his wife was impregnated by another man.
Orient Jani, the plaintiff, who was staying in South Africa, last year dragged his father-in-law, Noel Mucheche (the defendant), to court demanding his US$2 580 bride price back.
This was after his would-be wife, Nataly Mucheche, cheated on him with Obert Karombo resulting in her getting pregnant before their wedding.
Jani told the court that he had paid $765 for various items charged as part of the lobola.
And upon approaching the Mucheches for their go-ahead for a white wedding, they demanded some money upfront.
At the end of May, Jani sent them $1 540 after which he was given the nod to prepare for the wedding.
The court heard that Mucheche accepted the bride price despite the fact that his daughter was involved in an affair with another man.
Jani also said that he incurred transport costs to the tune of $829 travelling from his South Africa base to Zimbabwe to pay the bride price.
He went on to demand reimbursement of the $3 409 for lobola and transport costs from Mucheche who refused to refund him.
Mucheche tried in vain to defend himself by suggesting that Jani should be compensated by the alleged boyfriend, Karombo.
After debating the issue, presiding magistrate Ms Marehwanazvo Gofa ruled that Mucheche refund Jani.
“Evidence is very clear that the plaintiff (Jani) was to be handed his wife on the wedding day. Even though the defendant (Mucheche) tried by all means to dispute the assertion and the two never stayed together as husband and wife.
“The law has shown that a son-in-law can claim back the lobola he paid from his in-law where the alleged wife is (found to be) wrong. Accordingly, plaintiff’s claim is allowed in the sum of $2 580 plus costs,” said Ms Gofa.