A teacher from the Zambezi region was awarded damages of N$27 000 after she instituted a lawsuit against a rival lover for assault.

The teacher, Mukwae Zibiso, sued Linda Namasiku Sauzuo, Docus Eliziel Sauzuo and Lumba Kamwi for a combined N$720 898 for pain and suffering, emotional and psychological shock, contumelia (general damages), infringement on her dignity and humiliating her at her workplace, damaged properties, travelling expenses, past medical expenses, bodily pains and injuries. 

She claimed that the respondents came to her place of residence at the school where she works, and assaulted her without provocation. 

Zibiso and Linda were rivals for the affections of a person only identified as Abel.

Judge Hannelie Prinsloo, who presided over the matter, found that Zibiso did not prove beyond a reasonable doubt that Docus and Kamwi formed part or were implicit in the assault on her, and found them not accountable. 

The judge further found that Zibiso did not present admissible or reliable evidence to prove her claims for bodily pains, injuries as well as emotional and psychological shock. 

She added that the plaintiff failed to present admissible evidence for her claim of past medical expenses. 

The judge said although she did make a case on a balance of probabilities that Linda assaulted her without any justification, thus wrongfully and unlawfully, she failed to make a case on damages. 

She further said Zibiso did make a case for her damaged properties, which amounts to N$7 000. 

In addition, the judge ruled that Zibiso made out a case for contumelia, but not for the amount claimed. 

She said the plaintiff is entitled to general damages for N$20 000, considering she was pregnant at the time of the assault.

 She ordered Linda to pay the plaintiff N$27 0001 with interest at 20% per annum from the date of judgment to the date of full payment. 

She also awarded the cost of the suit to the plaintiff. 

-rrouth@nepc.com.na