The High Court has declined jurisdiction in a matter one Jill Chawapiwa Chikore was suing Hellen Maworera US$50 000 being damages for snatching her husband.
Chikore issued a summons at the High Court claiming that Maworera had been having an adulterous affair with her husband Jabulani Tawanda Chikore since July 2020.
She said she was married to Chikore on 21 August 1998 in terms of the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17].
The couple has one child and the marriage still subsists.
Without giving many details she said she has suffered personal injury or contumelia and loss of her spouse's consortium.
However, Maworera raised a special plea in bar by alleging that the court has no jurisdiction over this matter as both parties are British citizens who are permanently resident in the United Kingdom.
Maworera also argued that no security has been offered in the court for Chikore to be able to institute the present proceedings in this court as required by law.
High Court judge Justice Emilia Muchawa dismissed the application, ruling that the High Court had no jurisdiction.
"In casu, it is averred that the plaintiff always knew as shown ex facie the summons and declaration, that the defendant's address of service as cited is 1 Almond Walk Hatfield, At 10 8SY United Kingdom. It is pointed out that there was an attempt to sneak in an address which is not the defendant's in an effort to mislead the court and solicit jurisdiction.
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"It is averred that the plaintiff does not know where the defendant is based but only that she is a Zimbabwean.
"She is silent on where such adultery occurred," said the judge.
Muchawa said she has jurisdiction over the subject matter but is unclear if the High Court has power over the parties to the matter.
"The summons gives the defendant's address as I Almond Walk Hatfield AL 10 8SY United Kingdom whilst the declaration has a Zimbabwean address of 33 Teviotdale Road, Borrowdale North, Harare. This is where summons were served on one Mrs Mudare, a tenant.
"In this case, it is clear that the court may very well be unable to give effect to its judgment without an attachment of the defendant's person or her property.
"It is clear from the summons and declaration that the plaintiff has not made adequate averments to establish jurisdiction.
"Given the facts and circumstances of this case, it is clear that this court does not have jurisdiction to entertain this action," she ruled.
