THE High Court has set aside a decision that ordered a Karoi man to pay back US$2 700 bride price to his son-in-law after his wife cheated on him.
Charles Bandera dragged his son-in-law, Maxmillan Kondowe, to court, appealing against a default judgment that ordered him to return the money after his daughter, Shumirai Bandera, committed adultery.
Maxmillan had married Shumirai at a ceremony in Karoi sometime in March 2021, but was told he could only start living with her as his wife after their wedding.
However, two months down the line, Maxmillan found out that Shumirai was sexually involved with another man. He confronted her and she confessed to the adultery in Harare.
The two’s marriage was dissolved in January 2022.
Maxmillan went on to institute customary marriage divorce proceedings before serving summons on Kondowe his father-in-law to return his bride price.
However, Kondowe failed to enter his appearance to defend the action leading the court to grant a default judgment in August 2022 that ordered him to return Maxmillan’s bride price.
Consequently, after discovering that a Messenger of Court was deployed to execute the judgment, Kondowe applied for rescission of the same which was countered by Maxmillan’s application to stay the execution.