High Court awards compensation in bigamy case as judge dismisses claim for loss of consortium
In a recent development, the High Court has granted Cloudio Jume a compensation amount of US$5,000 after his wife, Thelmah Guvakumwe, was convicted of bigamy in 2022. Jume had initially sought a sum of US$100,000, including damages for loss of consortium and contumelia, alleging that his reputation, privacy, and dignity were compromised.
Justice Emilia Muchawa, presiding over the case, dismissed the claim for loss of consortium after determining that Jume no longer harboured any love for Guvakumwe. The conviction against Guvakumwe stemmed from her marriage to their neighbour, Elton Sanyamahwe, while still being married to Jume. She even bore a child with Sanyamahwe during this period.
During the proceedings, it was revealed that Sanyamahwe was aware of Guvakumwe’s existing marriage to Jume when they engaged in an adulterous relationship. Guvakumwe was subsequently fined US$10,000 and ordered to perform 105 hours of community service at Warren Park 1 Primary School.
The court also discovered that Jume had a history of divorces and separations from multiple women, implying a pattern of philandering behaviour. Additionally, it was observed that Sanyamahwe had been dishonest in his defence, initially denying paternity of the child.
Jume and Guvakumwe had originally married in March 2014 and solemnized their marriage under the Marriages Act (Chapter 5:11) in September 2017. However, their union was dissolved on March 16 of the previous year after Jume discovered the adulterous affair.
Justice Muchawa concluded that it was established beyond doubt that Guvakumwe was still legally married to Jume when she initiated an intimate relationship with Sanyamahwe in September 2021. Guvakumwe claimed to have met Sanyamahwe at a bar following her separation from Jume, alleging that she drugged him before the encounter. Conversely, Sanyamahwe contended that he had been a victim of rape, waking up undressed in a bar after a night out.
The court proceedings shed light on Jume’s extramarital activities and his marriage to a woman 24 years his junior, who was one among several others he had divorced or separated from. Jume even boasted that it was acceptable for married men to engage in extramarital relationships, asserting that it only became problematic when women did the same.
Sanyamahwe, on the other hand, was accused of claiming that Jume’s wife had left him due to his small manhood, suggesting that he was better able to satisfy her desires. His lack of remorse was also noted by the court.
Justice Muchawa ultimately determined that Sanyamahwe had been dishonest in denying paternity of the child, further undermining his credibility.
