Court quashes man’s lobola refund bid

◆ Machingauta is not entitled to a refund since the marriage was never dissolved as he did not offer his wife a divorce token ‘gupuro’.

Because of that, the court ruled that the two are only on separation.

The court heard that on August 9, Mr Machingauta visited his in-laws at their Pegasus house in Dangamvura in the company of his family to set a date for lobola payment and was given a bride price list with a total of US$11 240.

Mr Machingauta only managed to pay US$3 690 and groceries worth US$550, making it a total of US$4 240.

After receiving the lobola, the bride’s parents refused to hand over their daughter to Mr Machingauta as they insisted that he needed to top up the money.

As a result, Mr Machingauta and Ms Madenga’s relationship turned sour between August and October, thereby prompting the woman to change her mind and opt out of the marriage.

Mr Machingauta says he tried to negotiate with his in-laws so that they could either refund his money and groceries or give him his wife, to no avail.

However, Mr Madenga said Mr Machingauta was called to come and take his wife, but he refused to do so.

The defendants’ attorney, Mr Ndlovu, argued that lobola is a customary law practice and tradition, but the complainant had sued his clients under general law and not under customary law.

He said Mr Machingauta should go through proper channels to solve the matter.

Mr Ndlovu also said lobola is a transaction between a son-in-law and his father-in-law, hence Mr Machingauta cannot sue his mother-in-law and his estranged wife.

He added that Mr Madenga cannot force his daughter to become Mr Machingauta’s wife, adding that this was an issue that could only be solved by the two parties.