GETTING over the pain of a bad relationship is never easy.
For one woman Judy Takanai from Barbourfields suburb in Bulawayo refused to let go of resentment when she held a mock funeral procession for her ex-lover Vushe Marime, a nurse at Mpilo Central Hospital after his matrimonial property was attached by the Messenger of Court.
Marime’s property comprising a four-plate Defy stove, five-piece kitchen suite, Samsung bar fridge, KIC fridge, one brown coffee table and 5kg gas cylinder stove was attached over legal costs incurred by Judy’s husband Claudio Takanai when he sued him for bedding his wife.
In 2019, Claudio slapped Marime with a US$10 000 adultery lawsuit as punishment for bedding his wife (Judy), and after the protracted legal battle, Claudio later sued him (Marime) for the huge costs he incurred as a result of their bruising fight.
Marime, however, failed to pay the costs reportedly amounting to $28 000 leading to his property being attached by the Messenger of Court and it is now set to go under the hammer.
As a way of celebrating her ex-lover’s downfall, Judy bought a coffin and inscribed it with his name and paraded it around Mzilikazi suburb claiming it was the end of the road for him.
The coffin was inscribed with the following words: “Rest in Hell Vushe Marime, totally knocked out”.
Speaking to B-Metro Judy who was unapologetic about her actions said it was a way of celebrating her husband’s victory after he had forgiven her for cheating on him with Marime.
“Marime offended my husband when he wanted to withdraw the lawsuit when he said it was a ploy to extort money from him. When we were still dating, he ordered me to kill my husband so that he could remain the only man in my life.
“He volunteered to organise some injections for me which I could use to kill my unsuspecting husband and that is when I dumped him. We, however, incurred legal costs which he was made to pay and he failed leading to his property being attached by the Messenger of Court. He is supposed to pay about $28 300 excluding storage costs,” said Judy.
Background of the case
What incensed Claudio to take legal action was that when he approached Marime requesting him to terminate the relationship in November 2018 he refused and told him he was not man enough. He also boasted about the size of his manhood.
Through his lawyer, Claudio sued Marime and part of the suit reads: “Sometime in November 2018, my client found out about the illicit affair from a co-worker who revealed that on several occasions Marime had sexual intercourse with his wife at various lodges in Bulawayo.
“The adulterous relationship between the two has destroyed a happy marriage as Mrs Takanai has become vindictive towards my client and has stopped performing her conjugal duties and supporting her husband emotionally.
“Furthermore, he has been humiliated by Marime who boasts about the size of his sexual reproductive organ. The effects of the adulterous relationship are far reaching as their children are also affected due to the misunderstandings between the couple.
As a result of the adultery, my client has suffered damages namely contumelia inflicted upon him in the sum of US$5 000 and the loss of consortium in the sum of US$5 000.”
In his response Marime, through his lawyer, stated that he had never been in an adulterous relationship with Claudio’s wife.
“All was a fabrication to extort money from him since both plaintiff and his wife were not gainfully employed. Further to that defendant is liable to any confession by the plaintiff’s wife as all this was a fabrication to extort money from him,” reads part of Marime’s opposing affidavit.
Marime who lost the case and was ordered to pay the damages, had his property attached by the Messenger of Court after he failed to pay the legal costs of the successful party (Claudio).
In a bid to stop the disposal of the property, Marime’s wife Calister Hapanyengwi filed an inter-pleader application claiming she was the owner of the attached property and purchased it sometime in 2016 and had since disposed of the receipts.
She argued that she was never a party to any proceedings between Marime and Claudio.
Paradoxically, her sister Sharon also filed an inter-pleader application stating that the property belonged to her and she had given it to Calister and Marime when they got married to just use it and not to dispose it.
“Ever since I gave the property for use it was agreed that they will never dispose of the same but instead they will have the right to buy the same from me if ever they have the funds.
“My main contention revolves around the fact that my property cannot be used to settle a judgment debt which I’m not part of or connected to in any manner,” she stated.
In his ruling the presiding magistrate Tinashe Tashaya found no merits in the inter-pleader proceedings by Calister and Sharon.
“I say so because there are two affidavits before the court, one by Calister Hapanyengwi who is the judgment debtor’s wife and the other by Sharon Hapanyengwi who is the applicant’s sister.
“They are both claiming the same property in their affidavits. Applicant in casu claims she bought the property personally and has since disposed of the receipts. On the other hand, the affidavit by Sharon reveals that the property belongs to her and she gave to Calister and Marime to use with an option to buy the same if they have the funds,” stated Tashaya.
He adds: “In light of the two conflicting affidavits, one then wonders who between the two is really the owner of the property. The inference to be drawn is that these two have colluded in order to deprive respondent of his judgment debt. It is on these premises that the application for stay of execution is dismissed.”