A Zimbabwean woman based in the United Kingdom has sued for adultery another Zimbabwean also based in the UK. Jill Chawapiwa Chikore demanded US$50 000 from Hellen Maworera at the High Court in Zimbabwe for engaging in an adulterous relationship with her husband, Jabulani Tawanda Chikore, since July 2020.
But Maworera said the court has no jurisdiction over this
matter as both parties are British citizens who are permanently resident in the
United Kingdom. Chikore argued that she is a Zimbabwean and that their marriage
was solemnised in the country, giving the court power to hand down an effective
judgment.
She said the adultery was also committed at her matrimonial
home in Zimbabwe. High Court judge Justice Emilia Muchawa said in order for a
court to make an effective and binding decision on a case, it should have both
subject matter jurisdiction and the personal matter jurisdiction.
“In casu, though this court has jurisdiction over the
subject matter, it is unclear if it has the power over the parties to the
matter. It is clear from the summons and declaration that the plaintiff has not
made adequate averments to establish jurisdiction.”
Case dismissed.
COMMENTS