A Seke man who lost his Toyota Mark II vehicle as payment for adultery damages has filed an application for a Spoliation Order with Chitungwiza Magistrates Court to repossess his vehicle.
Allegations are that Chamunorwa Dhlana was found guilty by Chief Seke’s traditional court on charges of having an adulterous affair with Tendai Kombani’s wife.
He was asked to pay two cattle to Kombani, one to Chief Seke and a goat to the Chinamano village head whose name was not mentioned in the court papers.
He, however, opted to pay with his vehicle.
In his application, Dhlana said he was wrongly convicted as he denied having an adulterous affair with Kombani’s wife.
He cited Chief Seke and the Zimbabwe Republic Police (ZRP) Dema in his application.
“Sometime in August 2022 I had a dispute with my wife. She approached Kombani claiming that I was in a relationship with his wife after creating a conversation with her as if I am the one who communicated with her,”Dhlana submitted.
“Chief Seke attached my vehicle without confirmation of magistrate court, warrant of execution against property or using a messenger of court.”
- Harare businesswoman turns heat on police CCU over 'bias'
- Letter to my people: Criminals are hiding in plain sight
- Crime tech: Technology can eradicate corruption
- UZ situation, a mere tip of the iceberg
Keep Reading
In his opposing affidavit, Kombani accused Dhlana of abusing court processes.
“It’s only that this court in its wisdom saw it fit that the matter proceeds on notice and not ex-parte as hoped by the applicant. The application is clearly an abuse of the court processes,” Kombani submitted.
He said Dhlana willingly offered his car as payment for damages.
“He said to me that he didn’t have the money to get his vehicle from Kwekwe to hand it over to me as agreed. I then accompanied him and financed the costs to bring the car to Seke. The applicant also owed me US$5,50,” Kombani said.
“The Chief ordered me to surrender the vehicle to Dema Police Station for safekeeping and that I would keep the registration book and car keys until the applicant pays damages which he is supposed to.
“It is (therefore) my averment that in filling this application the applicant intended to mislead the court.”
