BBA star Wendall sues for breach of contract

HARARE - The High Court is still to hear a case in which Big Brother Africa star Wendall Parson is demanding payment from an airline after a premature collapse of a deal which was meant to benefit children.

Parson filed a lawsuit against Matipedza Karase and Nu-Aero (Pty) Ltd, trading as Fresh Air, seeking a court order for the payment of the outstanding $21 500.

According to court papers, Parson entered into a Brand Ambassador Agreement with Karase, who was representing Fresh Air.

The terms and conditions of the agreement were that Fresh Air would utilise the good name and services of Wendall for a total fee of $31 500. The declaration said the period of agreement was from September 23 to November 30, 2011.

“Whereas, Wendall Parson is recognised and widely known throughout Zimbabwe and the African continent as joint winner of Big Brother Amplified, and “Whereas Wendall Parson’s name by virtue of his ability and experience, has acquired a meaning in the mind of the purchasing public important to the advertising, promotion and sale of the services and merchandise,” reads part of the agreement.

Karase and Fresh Air only paid Wendall $10 500 leaving a balance of $21 500.

However, Fresh Air said they did not owe Parson anything, while Karase said he was wrongfully cited in the application.

”The defendants aver that due to untimely and unexpected cancellation of all the flights by Civil Aviation Authority of Zimbabwe by way of a directive in an undated letter addressed to the Second defendant (Fresh Air), the latter could only conduct one successful flight out of the total of scheduled 31 flights which meant that the Plaintiff performed one of 31 of his obligations under the said contract,” said Fresh Air.

The case is still to be heard by the High Court. - Tendai Kamhungira

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