IN apparent retaliation, adulterous Johane Marange leader, Clement Momberume, has filed a $100,000 lawsuit against the man whose wife he bedded, accusing him of defamation and malicious prosecution.
Momberume was recently ordered to pay $10,000 for adultery by the customary court after he had a sexual relationship with his nephew, Jasper Dhliwayo’s wife. He has however, filed an urgent chamber application at the Bulawayo High Court, challenging the decision by the lower court.
Justice Maxwell Takuva will hear the matter.
According to the summons issued last week, Momberume was cited as the plaintiff while Dhliwayo is the defendant.
Momberume through his lawyer, Sindiso Mazibisa of Cheda and Partners, is accusing the defendant of defamation of character and making a false police report alleging that the plaintiff raped his customary law wife.
“Plaintiff is claiming against defendant for an order of payment of $100,000 being damages for defamation of character and malicious prosecution arising out of defamatory publication and false reports to Zimbabwe Republic Police that the plaintiff is a rapist alleging that the plaintiff raped the defendant’s customary law wife.
“An order for payment of interest temporae morae on the sum of $100,000 or any other sum that may be awarded by the court and an apology to the plaintiff by the defendant at the prescribed rate of interest calculated from the day of issue of summons being the date of demand of full payment,” said Mazibisa.
According to the plaintiff’s declaration, on August 8, 2014, Dhliwayo made a report at Bulawayo Central Police Station alleging that Momberume raped his wife Mavis Sungayi.
“The report was instigated by the defendant with no reasonable and probable cause but was motivated by malice. The defendant was actually instructed in the institution of the arrests against the plaintiff and as a result of the report the police called plaintiff and made investigation.
“The defendant’s arrest report was instigated without reasonable and probable cause and with malice.
“The defendant intended to injure as this is seen that the charges were later dropped by the defendant and his wife,” said Momberume.
He said he suffered irreparable harm, arguing that his “dignity and good name” were lost as a result of “false” accusations.
“As a result of the defendant’s defamatory accusation, the plaintiff has suffered injury and impact of his dignity, reputation, esteem, good name and was maliciously defamed in the eyes of his church members, family, children, neighbours and all the people who read about the defamatory rape accusation in newspapers.
“As a result of the false and defamatory arrest, false accusation of rape, the plaintiff has suffered damage in the sum of $100,000. Plaintiff claims that the defendant pays costs with suit on an attorney client scale and further that the plaintiff demands for a retraction and apology be published,” he argued.
Dhliwayo has up to September 25, to enter an appearance to defend the matter at the High Court.
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