Editorial This case showcase the need for careful drafting of witness statements. The judge state as much
A cheating Zimbabwean Nurse was ordered to repay ex-boyfriend £116,000 following an alleged affair with another man.
37-year-old Trish Garikayi who is based in the UK admitted that she was given a Porsche 911 and a £100,000 diamond bracelet by love-struck businessman Wisdom Penfold, 58. Despite showering her gifts and money, the jilted man claimed he caught her having an affair with another man.
The court heard £218,000 had been paid into Garikayi’s account after Mr Penfold sold two investment properties.
Insisting the money was a gift, she said that, throughout the relationship, “if I wanted something, I would get it”.
“As far as the discussion I had with Wisdom, they were gifts to me.
“We were in love, the relationship was strong at that point. So there was no need for me to question or query.”
Her lawyer, Chike Ezike, added: “The nature of the relationship was one where Mr Penfold bestowed and showered Miss Garikayi with lavish gifts.”
It was also alleged that Garikayi spent some of the cash on herself and £91,000 to buy a property in Harare, Zimbabwe, without his permission.
Mr. Penfold was left with no option than taking the matter to court, where a judge ruled that she “misappropriated” money Mr. Penfold entrusted to her when blinded by love.
The judge then ordered her to pay £116,000 to her ex-boyfriend also hand him 20% of her £340,000 home.
After the judge gave the verdict, Ms.Garikayi hurled her £2,500 engagement ring towards her ex-fiance, who then calmly picked it up and handed it to his solicitor.
Judge Alexander Hill-Smith said she had her “eyes firmly on winning the case”.
“I unhesitatingly prefer the evidence of Mr Penfold… he gave his evidence in a careful way.
“I find his account of the break-up of the relationship, his returning to the house, his reaction to it, going to A&E and being badly affected, compelling.
“Her account of the breakdown of the relationship was very unspecific.
“His written statement is thorough and comprehensive and presents a coherent account of what occurred.”
The Central County Court in London heard how Garikayi earlier claimed to be a “kept woman” and insisted that the money, like the luxury goods he lavished upon her, was a non-returnable gift.
Lawyers of Mr. Penfold, who is a tree importer, and exporter, say they will be seeking £62,000 in costs against Miss Garikayi, and the judge ordered her to pay £30,000 of that within 21 days.