CHIPINGE businessman and polygamist, Edmore Mwoyoweshumba who recently left his wife’s boyfriend for dead after trapping the two is being sued for US$205 000 and $465 494 in delicutial damages.
Delictual damages are compensation for civil wrongs done to an individual.
Mwoyoweshumba and his two accomplices, Vincent Mapuranga and Moses Mazuka are facing attempted murder charges for severely assaulting Shepherd Makwenjere.
The trio was accusing Makwenjere of bedding Mwoyoweshumba’s wife, Naume Makuyana, in the couple’s matrimonial bedroom.
The trial commenced last week before Chipinge regional magistrate, Mr Noel Mupeiwa, with Mwoyoweshumba and his accomplices pleading not guilty.
It is alleged that on May 28, Mwoyoweshumba lured Makwenjere to his house after suspecting that he was having affair with his wife.
Makwenjere, who was in Bulawayo at the time, travelled to Chipinge after Makuyana sent him the bus fare.
He went straight to Mwoyoweshumba’s bedroom and the lovebirds were then caught having quality time.
Makwenjere is reported to have been attacked by more than 10 men.
The State closed its case after all witnesses testified and were cross-examined.
The defence counsel was about to close its case, but Mwoyoweshumba’s attorney, Mr Langton Mhungu of Mhungu and Associates, disputed the medical affidavit that had been produced in court to show the degree of Makwenjere’s injuries.
Mr Mhungu requested that the medical doctor who medically examined Makwenjere be summoned to testify in court.
Mr Mhungu also argued that Mwoyoweshumba exercised self-restraint after seeing his wife in a compromising position with another man in his house.
“My client did not attempt to kill Makwenjere on the day in question. He is a gentleman and a reasonable man who managed to control his anger after discovering his wife being intimate with another man in his bedroom.
“On this day, Mwoyoweshumba had a loaded gun and if he wanted to kill Makwenjere, he would have shot him,” said Mr Mhungu.
He added: “My client did this out of anger and this can be done by any man who encounters this situation in our society. It is unacceptable for a man to be intimate with another wife in his matrimonial bedroom.
“Imagine in 2018, my client paid US$12 000 and several cattle as lobola for his wife, only to be treated this way. He managed to control himself,” said Mr Mhungu.
However, testifying in court, Mrs Betty Makwenjere said her son is a dead man walking.
“They literary killed my son. He sustained life term injuries and can never recover. He wanted to kill my son. l saw him being tortured and Mwoyoweshumba fired two shots in the air warning me that if I continued crying he would also shoot me. He used dangerous weapons such as a hammer and sjambok to assault my son. The law should take its course,” she said.
She also accused Mwoyoweshumba’s wife of luring her son into having an illicit affair with her.
Things then took a dramatic twist last week when Mwoyoweshumba was served with lawsuit summons stating that he should pay delictual damages for the injuries inflicted on Makwenjere on May 28.
The summons were served through the Chipinge Messengers of Court by Makwenjere’s lawyer, Mr Prosper Sidhuli of Macheyo Law Chambers.
The breakdown of the compensation is as follows — medical expenses ($465 494 and US$143), future medical expenses (US$80 000), pain and suffering (US$50 000), discomfort (US$50 000) and disfigurement (US$24 856).
“It is only by the Grace of God that our client survived to tell the tale of the fateful incident of May 28, 2022.
“Our client’s horrific encounter began at around 7pm when the defendant found him with one Naume Makuyana in one of his spare bedrooms.
“The defendant handcuffed him and tied his legs with a rope. He dragged our client to a sewer tank which is located inside his residential place. He also drew a firearm and pointed it to our client as he was dragging him outside his house. He was accusing him of having a sexual relationship with his wife.
“While our client was reeling under fear and pain of the physical harassment that you and your men were inflicting upon him, he was further shocked to learn that Naume was married,” reads the summons.
They further read: “At all occasions from June 2021 when Naume fell in love with our client, she identified herself as an unmarried teenage spinster who was related to you as your first daughter.
“Our client was severely assaulted and the severe trauma he underwent and is still undergoing cannot be imagined. He requires many sessions of trauma counselling before he can feel emotionally well.
“Torturing our client while his mother looked on in agony is something that reminds us of the Biblical story where Jesus had to be crucified with His mother, Mary, witnessing in sorrow,” reads the summons.
— Manica Post