THE Johane Marange Simon branch leader Clement Momberume has been ordered to pay $10 000 in adultery damages to his nephew for having sex with the nephew's wife at a Bulawayo hotel after deliberately intoxicating her with wine.
Bulawayo magistrate Victor Mpofu issued a default judgment in favour of Momberume's nephew Jasper Dhliwayo at the Small Claims Court after he failed to attend court to defend the adultery claims.
Momberume, who is based in Mutare, allegedly told his nephew's wife Mavis Sungayi that her husband turned into a baboon each time he had sexual intercourse with her for ritual purposes to enhance his business.
Momberume and his brother Taguta were in the news fighting for control of the more than two million members of the Johane Marange apostolic sect based in Mutare, resulting in the church splitting into two factions.
He filed an application for rescission of judgment arguing that he was not in wilful default, but the matter was before the High Court where he had filed an application of review of the court proceedings.
"The respondent (Dhliwayo) is not entitled to $10 000 damages for an adultery case not based on facts of the law. I genuinely believed and believe that an application for review necessitates the sending of the file (record of proceedings) to the High Court and once that happens, the presiding officer cannot deal with the matter further. In any event, the record should be with the High Court now," said Momberume.
"I submit, therefore, I was not in wilful default and I have a solid defence on the merits. The balance of convenience favours the granting of the order as I will suffer prejudice in terms of assets if the order granted is executed and it will render the application for rescission and review useless."
In his application, Dhliwayo said his uncle Momberume usually came to Bulawayo for his Passovers and he introduced him to his wife.
"After the defendant (Momberume) was introduced to the plaintiff's wife, defendant then requested her mobile number and also took a picture of her. In this regard, the defendant started to communicate with the plaintiff's wife, but instead would tell plaintiff's wife that he would be coming to Bulawayo," said Dhliwayo.
He said on April 10 2012, Momberume came to Bulawayo and met his wife at TM Hyper in the city centre.
"The defendant drove to Greys Inn Hotel. At the hotel he bought wine and gave the plaintiff's wife and bought mineral water for himself. The defendant started making some prophesies concerning my wife.
"He started telling her that I am the one who causes her miscarriages whenever she gets seven months pregnant. Defendant also alleged that I have got a big snake which I use for my business. My wife had three miscarriages before," Dhliwayo said.
"However, I have told the defendant before about the miscarriages since he is my uncle.
When he was telling my wife, it was as if he was making a prophecy. The defendant later booked a room at the hotel and the two went to that room where they had sex. This was after my wife had got drunk as a result of the wine bought by the defendant."
The matter will be back in court on August 28 when Mpofu will rule on Momberume's application for rescission of judgment.