Daniel Nemukuyu Senior Reporter
Food World general manager Mr Denford Mutashu has withdrawn the US$500 000 adultery suit against Prophetic Healing and Deliverance Ministries leader Prophet Walter Magaya.
Mr Mutashu was suing Prophet Magaya for allegedly having an adulterous relationship with his wife, Mrs Nomsa Mutashu.
At the time of withdrawal of the matter, Mr Mutashu had issued summons to which the man of the cloth had also filed his opposing papers.
In a notice of withdrawal filed at the High Court by Mr Mutashu’s lawyers, Mugiya and Macharaga Law Chambers, last Friday, the plaintiff offered to pay the legal costs incurred by both parties so far.
“Take notice that the plaintiff hereby withdraws its claim in this matter and tenders wasted costs,” read the notice.
Mr Mutashu did not disclose the reasons for the withdrawal of the adultery suit.
However, the withdrawal came after Prophet Magaya’s lawyer, Advocate Thabani Mpofu, had filed an exception to the suit saying there was no evidence to prove the adultery allegations.
Prophet Magaya asked for exception or alternatively for the lawsuit to be struck out by the High Court.
The lawyers argued that Mr Mutashu in his papers did not allege any real or alleged sexual encounter between Prophet Magaya and his wife.
“No date and place of any sexual encounter has been set out as is required by the law and, generally, no particulars such as would support the commission of adultery have been set out or relied upon in the entire declaration,” read part of the exception.
Prophet Magaya said as a result, the claim was incompetent and devoid of any recognised legal basis.
He said the lawsuit should be struck down because it did not constitute a pleading, it sought to tell a story, contained evidence which was speculative and was “irrelevant, superfluous, verbose and unnecessarily argumentative”.
Prophet Magaya asked the court to dismiss the lawsuit with costs on the higher scale which he said should be borne by Mr Mutashu and lawyers Mugiya and Machalaga Law Chambers.
In the summons filed at the High Court last month, Mr Mutashu claimed Prophet Magaya was in love with his wife to the extent of sending her text love messages almost every minute, describing her as sexually attractive and highly mobile.
He also reportedly bought Mr Mutashu’s wife, Nomsa Mutashu (nee Ruvazhe), a Toyota Mark II, which cost US$10 000.
He was demanding US$250 000 for loss of affection and another US$250 000 for loss of consortium.
According to the claim, Mr Mutashu married his wife in terms of Marriage Act Chapter 5:11.
It was alleged that sometime in June this year, Prophet Magaya had an adulterous affair with Mrs Mutashu, who had gone to PHD Ministries church in Waterfalls to worship.
While at the church, Prophet Magaya allegedly ordered Mr Mutashu’s wife to stay at one of the church’s lodges for three consecutive days without Mr Mutashu’s knowledge and consent.
After spirited efforts to locate his wife, Mr Mutashu claimed he found her with Prophet Magaya, who allegedly claimed that he had been spiritually assisting her.
Mr Mugiya further stated that after Mr Mutashu discovered that Prophet Magaya was committing adultery with his wife, he confronted the man of the cloth who reportedly admitted to having the romantic relationship.
Mr Mugiya said Prophet Magaya promised to terminate the affair, but continued to exchange text messages with Mrs Mutashu through his close associates whom he treated as counsellors and bodyguards.
According to the declaration, Mr Mugiya made claims that in July this year when Prophet Magaya went to South Africa, he kept on exchanging love text messages and phoning Mrs Mutashu using South African mobile numbers.
At times, the lawyer said, Prophet Magaya would phone Mrs Mutashu during odd hours.
Mr Mugiya further stated that when Prophet Magaya was confronted over the allegations he did not deny them, but discussed the issues with Mr Mutashu in one of the meetings in an attempt to resolve the matter.
He said that the illicit affair between Prophet Magaya and Mrs Mutashu disturbed Mr Mutashu to the extent that he was bedridden due to excessive stress.
Mr Mugiya said Prophet Magaya’s conduct caused Mr Mutashu a heartbreak to the extent that he “failed to appreciate the value of life since those with power and money could do whatever they want with other people’s wives, especially the poor in the mould of the plaintiff”.
Food World general manager Mr Denford Mutashu has withdrawn the US$500 000 adultery suit against Prophetic Healing and Deliverance Ministries leader Prophet Walter Magaya.
Mr Mutashu was suing Prophet Magaya for allegedly having an adulterous relationship with his wife, Mrs Nomsa Mutashu.
At the time of withdrawal of the matter, Mr Mutashu had issued summons to which the man of the cloth had also filed his opposing papers.
In a notice of withdrawal filed at the High Court by Mr Mutashu’s lawyers, Mugiya and Macharaga Law Chambers, last Friday, the plaintiff offered to pay the legal costs incurred by both parties so far.
“Take notice that the plaintiff hereby withdraws its claim in this matter and tenders wasted costs,” read the notice.
Mr Mutashu did not disclose the reasons for the withdrawal of the adultery suit.
However, the withdrawal came after Prophet Magaya’s lawyer, Advocate Thabani Mpofu, had filed an exception to the suit saying there was no evidence to prove the adultery allegations.
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| Prophet Magaya off the hook |
The lawyers argued that Mr Mutashu in his papers did not allege any real or alleged sexual encounter between Prophet Magaya and his wife.
“No date and place of any sexual encounter has been set out as is required by the law and, generally, no particulars such as would support the commission of adultery have been set out or relied upon in the entire declaration,” read part of the exception.
Prophet Magaya said as a result, the claim was incompetent and devoid of any recognised legal basis.
He said the lawsuit should be struck down because it did not constitute a pleading, it sought to tell a story, contained evidence which was speculative and was “irrelevant, superfluous, verbose and unnecessarily argumentative”.
Prophet Magaya asked the court to dismiss the lawsuit with costs on the higher scale which he said should be borne by Mr Mutashu and lawyers Mugiya and Machalaga Law Chambers.
In the summons filed at the High Court last month, Mr Mutashu claimed Prophet Magaya was in love with his wife to the extent of sending her text love messages almost every minute, describing her as sexually attractive and highly mobile.
He also reportedly bought Mr Mutashu’s wife, Nomsa Mutashu (nee Ruvazhe), a Toyota Mark II, which cost US$10 000.
He was demanding US$250 000 for loss of affection and another US$250 000 for loss of consortium.
According to the claim, Mr Mutashu married his wife in terms of Marriage Act Chapter 5:11.
It was alleged that sometime in June this year, Prophet Magaya had an adulterous affair with Mrs Mutashu, who had gone to PHD Ministries church in Waterfalls to worship.
While at the church, Prophet Magaya allegedly ordered Mr Mutashu’s wife to stay at one of the church’s lodges for three consecutive days without Mr Mutashu’s knowledge and consent.
After spirited efforts to locate his wife, Mr Mutashu claimed he found her with Prophet Magaya, who allegedly claimed that he had been spiritually assisting her.
Mr Mugiya further stated that after Mr Mutashu discovered that Prophet Magaya was committing adultery with his wife, he confronted the man of the cloth who reportedly admitted to having the romantic relationship.
Mr Mugiya said Prophet Magaya promised to terminate the affair, but continued to exchange text messages with Mrs Mutashu through his close associates whom he treated as counsellors and bodyguards.
According to the declaration, Mr Mugiya made claims that in July this year when Prophet Magaya went to South Africa, he kept on exchanging love text messages and phoning Mrs Mutashu using South African mobile numbers.
At times, the lawyer said, Prophet Magaya would phone Mrs Mutashu during odd hours.
Mr Mugiya further stated that when Prophet Magaya was confronted over the allegations he did not deny them, but discussed the issues with Mr Mutashu in one of the meetings in an attempt to resolve the matter.
He said that the illicit affair between Prophet Magaya and Mrs Mutashu disturbed Mr Mutashu to the extent that he was bedridden due to excessive stress.
Mr Mugiya said Prophet Magaya’s conduct caused Mr Mutashu a heartbreak to the extent that he “failed to appreciate the value of life since those with power and money could do whatever they want with other people’s wives, especially the poor in the mould of the plaintiff”.
