Chief orders lobola refund after woman leaves husband for his nephew

Chief Mutasa ordered the refund of lobola with interest following the breakdown of a marriage heard before a traditional court.

MUTASA – A traditional court in Manicaland has ordered the parents of a woman to refund the bride price paid for her marriage after she admitted to having an extramarital relationship with her husband's nephew before leaving the marriage. The ruling was handed down by Chief Mutasa after Aleck Magadu brought the matter before the traditional court, seeking relief following the breakdown of his marriage to Theresa Zimhuwu, 31.

According to proceedings reported by The Manica Post, Chief Mutasa ordered Zimhuwu's parents to refund the undisclosed lobola (bride price) paid by Magadu, together with 10 percent annual interest, with the full amount to be settled by August 2026.

In delivering the ruling, the chief said the complainant had suffered financial and emotional loss after the marriage collapsed.

"The bride price is to be paid back with annual interest because you wasted his time. He thought he had found his lifetime partner, but instead you cheated on him with his nephew and went on to stay with him, abandoning your husband and four children," Chief Mutasa said.

Magadu told the court he is now caring for the couple's four children and said he was particularly distressed that the relationship involved his nephew and neighbour, Hambai Muchakuya, 38.

"I never imagined that someone from my own family would betray me in such a manner. Losing my wife was painful enough, but knowing she had gone to my nephew, who stays next door, made the situation even harder to accept," Magadu told the court.

During the hearing, Zimhuwu acknowledged that her relationship with Muchakuya began while she was still legally married. However, she alleged that she had endured physical abuse during her marriage, which she said influenced her decision to leave.

"I did not leave because of excitement or money. I left because I felt trapped in an abusive marriage. I was constantly assaulted and eventually decided I could no longer continue living like that," she said.

Muchakuya also admitted before the traditional court that he had a relationship with his uncle's wife before she left the marriage.

As part of the ruling, Chief Mutasa ordered Muchakuya to provide seven head of cattle and seven cocks to Magadu as compensation by the end of September 2026. The chief further advised Magadu to consider DNA testing for the couple's four children, saying it could help resolve any future disputes over paternity.

The ruling highlights the continuing role of Zimbabwe's traditional courts in resolving family and customary disputes. While chiefs have jurisdiction over matters governed by customary law, decisions involving maintenance, custody, divorce and civil property rights may also fall under the jurisdiction of the country's civil courts, depending on the circumstances.

chief orders lobola refund